J&J Seeks Dismissal of Talcum Powder Medical Monitoring Class Action Lawsuit Over Future Cancer Risks

Baby Powder manufacturer claims it would be impossible to meet demands of medical monitoring for all talcum powder users to detect development of future cancers as early as possible.

Johnson & Johnson is asking a federal judge to dismiss class action claims that seek to force the company to pay for medical monitoring of former talcum powder users, who now face an increased risk of ovarian cancer and mesothelioma.

The talcum powder medical monitoring lawsuits are just one facet of the litigation Johnson & Johnson faces for failing to warn about the presence of asbestos particles in its talc-based powders, which have been found to increase the risk of ovarian cancer among adult women who apply it around their genitals, and mesothelioma for individuals who breathe in the fibers.

The company currently faces tens of thousands of Baby Powder lawsuits and Shower-to-Shower lawsuits, most of which involve claims brought by former users already diagnosed with cancer. However, a recently filed lawsuit seeks to force the company to cover the costs associated with medical monitoring for future cancers that may develop.

Motion to Dismiss Talcum Powder Medical Monitoring Lawsuit

The complaint (PDF) was filed in June, by a group of individuals who indicate that they now live in fear of a cancer diagnosis due to their past use of talcum powder products, indicating that Johnson & Johnson was aware of this risk for decades, but failed to take action or warn consumers.

Plaintiffs seek class action status to pursue damages for all former users of talcum powder products, and to require the manufacturer and its subsidiaries to cover the costs associated with regular medical examinations, in hopes of detecting the development of cancer from Johnson’s talcum powder products as early as possible.

The lawsuit followed a report published in May in the Journal of Clinical Oncology, which found that genital talcum powder use was linked to a 17% increased risk of ovarian cancer.

On August 21, Johnson & Johnson responded with a notice of motion (PDF), indicating that the company is seeking to dismiss the medical monitoring class allegations.

In a memorandum (PDF) supporting the motion, Johnson & Johnson argues that the class action lawsuit asks the company to do the impossible, by covering “not only everyone who currently has ovarian cancer, but also everyone who ever used Defendants’ talc products and may develop cancer in the future.”

“The reason no one has done this over the past decade is because it is plainly not possible,” the memorandum states. “And a class like the one Plaintiffs proposed is particularly impossible where the Court would have to apply the differing laws of all 50 states.”

The company claims that some of the plaintiffs who filed the class action lawsuit come from states where medical monitoring lawsuits are banned. Those states who have not banned these types of lawsuits have widely varying criteria for what claims can be class certified, the memorandum argues.

Johnson & Johnson’s attorneys have asked the Court to schedule future oral arguments over the motion.

August 2024 Johnson & Johnson Talcum Powder Settlement Update

Johnson & Johnson has already been hit with billions in judgments from claims brought by former users diagnosed with ovarian cancer or mesothelioma. However, instead of attempting to negotiate settlements to potentially resolve claims individually, the company has made two failed attempts to force the litigation into the U.S. bankruptcy system, by transferring all liability it owes for failing to warn about the link between talc and cancer into a new subsidiary, which then promptly filed for bankruptcy.

Federal judges have rejected both of these efforts, noting that the parent company, Johnson & Johnson, faces no real financial distress from the litigation, and has sufficient assets to settle the claims.

However, Johnson & Johnson proposed a third bankruptcy attempt in May, including a $6.5 billion settlement to resolve all current and future Baby Powder lawsuits involving women diagnosed with ovarian cancer.

More than 75% of plaintiffs have reportedly signed off on the deal in a recent secret talcum powder settlement vote, but the company continues to face fierce opposition from several plaintiffs who maintain that the amount of the offer is insufficient to resolve the company’s liability for withholding information about the cancer risks for decades.