NEW YORK — For years, Johnson & Johnson has been embroiled in legal battles over its talcum powder products, with thousands of lawsuits claiming that prolonged use of these products can lead to ovarian cancer and other serious health issues. The most recent development in this saga is the bankruptcy filing by one of J&J’s units, Red River Talc LLC, as it tries to handle the liabilities stemming from these cases through a Chapter 11 restructuring plan.
On September 23, 2024, Red River Talc LLC announced it was pursuing bankruptcy for the third time. This move follows a pattern by J&J of utilizing Chapter 11 filings to manage its escalating legal challenges related to talc. The company unveiled a prepackaged plan supported by 83% of the current talc injury plaintiffs, setting the groundwork for an $8 billion settlement fund intended to cover both existing and future claims of ovarian cancer linked to its talc products.
The lawsuits pinpoint J&J’s talcum powder products, such as the iconic Baby Powder and Shower to Shower, as sources of ovarian cancer among long-term users, predominantly women. Plaintiffs claim that the company knew about the risks associated with its talcum powder but failed to warn consumers, opting to protect profits over public health.
The litigation has been both prolonged and highly contentious. Recent events in the courtroom have underscored the complexity of these cases. On September 16, a judge in Oregon overturned a $260 million jury verdict against J&J, granting the company a new trial over claims it contributed to a woman’s mesothelioma, a cancer linked to asbestos exposure. Meanwhile, other trials and settlements are unfolding across the country, reflecting the broad and deep ramifications of these allegations against J&J.
For instance, on September 19, an attempt by plaintiffs’ lawyers to consolidate two cases for a bellwether trial was rejected by the managing judge, who preferred to proceed with a single plaintiff to maintain clarity and focus in the proceedings.
Despite the bankruptcy maneuvers, J&J faces a tough road ahead. The multitude of cases, some resulting in substantial jury awards against the company, illustrates the ongoing challenge J&J faces in convincing both courts and consumers of the safety of its talcum powder products.
Legal analysts suggest that the outcome of the bankruptcy filings and subsequent court decisions will significantly influence the potential settlements. Plaintiffs are eager for compensation, as numerous claims are stacked against J&J, accusing it of ignoring research that highlighted the risks associated with talc in favor of continued product sales.
As the situation unfolds, the future handling of these cases will provide a precedent for how large corporations manage massive legal liabilities stemming from product claims. For many, the question remains not just about fair compensation, but also about corporate accountability and the ethical implications of product safety disclosures.