Asbestos Containing Materials

Food and Drug Administration Releases Final Part of Talc Sampling Assignment

April 20, 2020 | by Throneberry Law Group

The U.S. Food and Drug Administration (FDA) recently released the sixth and final part of its year-long sampling assignment of testing talc-based cosmetics products for asbestos contamination, which was performed by an outside laboratory. Those testing services were performed by Lanham, Maryland-based AMA Analytical Services, Inc. (AMA) and commenced in September 2018. AMA was selected because of its expertise and knowledge in asbestos testing, as well as having conducted a previous successful survey for the FDA.

The FDA contracted AMA to test talc-based cosmetics products such as makeup and Johnson & Johnson’s Baby Powder, which were selected and purchased by the FDA and provided to the laboratory as blinded samples. During the course of its testing, AMA found that nine of the 43 samples provided tested positive for asbestos contamination, including one lot of Johnson & Johnson’s Baby Powder, which was recalled in October 2019. Other cosmetics products which tested positive for asbestos included makeup produced and sold by Claire’s and City Color, some of which have been recalled.

The FDA selected the various products based on criteria such as the type of talc-based product, range of price, prevalence on social media and other advertisements, whether it was marketed as a children’s product, and whether the FDA had received third-party reports of asbestos contamination in the particular product. AMA’s testing procedures utilized Polarized Light Microscopy (PLM) and Transmission Electron Microscopy (TEM) to detect and quantify mineral particles which were suspected to perhaps be asbestos fibers. According to the FDA, TEM is the most sensitive testing method for detecting and quantifying asbestos minerals.

Johnson & Johnson Hit With Additional $750 Million Punitive Verdict in Talcum Powder Asbestos Cancer Lawsuit

March 30, 2020 | by Throneberry Law Group

A New Jersey state jury recently handed down a substantial $750 million verdict to plaintiffs during the punitive damages phase of the trial after already handing down a multimillion dollar verdict on the victim’s behalf during the main phase of the trial last year. The four victorious plaintiffs brought their talcum powder asbestos cancer lawsuit against New Jersey-based pharmaceutical and cosmetics giant Johnson & Johnson, claiming the company knowingly sold cosmetics products containing deadly carcinogens.

In September 2109, a Middlesex County jury handed down a $37.3 million verdict on behalf of the plaintiffs after a nearly two-month trial, during which time they were presented with compelling testimony detailing Johnson & Johnson’s decades long knowledge about the possibility of asbestos contamination in its iconic Baby Powder. The cosmetic product is made from talc, one of the softest known minerals, and used in a variety of other products including Johnson & Johnson’s Shower to Shower.

Attorneys for the plaintiffs told jurors how the plaintiffs developed various forms of cancer, including mesothelioma, from years of using Johnson & Johnson’s Baby Powder. Jurors were presented with internal Johnson & Johnson documents which showed executives knew as far back as the 1970s that its talc-based products were testing positive for deadly asbestos fibers.

Cosmetics Maker Revlon Hit With Talc Asbestos Cancer Lawsuit

March 7, 2020 | by Throneberry Law Group

Multinational cosmetics company Revlon Inc. was recently hit with a talc asbestos cancer lawsuit over allegations that the company used asbestos-contaminated talc in its cosmetics products, which caused the plaintiff’s mesothelioma cancer diagnosis. The lawsuit was brought by a Maryland couple in New York state court and seeks tens of millions of dollars in compensatory and punitive damages as well as damages for the emotional damages suffered by the victim’s husband.

According to the asbestos talcum powder lawsuit, the plaintiff developed mesothelioma from using Jean Nate Silkening Body Powder and other Revlon products that her father provided for her while she was growing up. The victim claims that those products contained talc, a mineral often used in consumer cosmetics products, which was contaminated with cancer-causing asbestos fibers. The lawsuit alleges that Revlon, along with chemicals distributor Whittaker Clark & Daniels Inc., failed to warn consumers about the risks associated with exposure to asbestos-contaminated talc.

The victim’s asbestos cancer lawsuit seeks $20 million in compensatory damages for medical bills and pain and suffering, $40 million in punitive damages for what she claims is especially negligent conduct on the part of the defendants, and an additional $5 million in damages for her husband for his mental anguish and loss of companionship as a result of his wife’s mesothelioma diagnosis.

State of New Mexico Sues Johnson & Johnson Over Asbestos in Talcum Powder Products

February 2, 2020 | by Throneberry Law Group

On behalf of the state of New Mexico, Attorney General Hector Balderas recently filed suit against pharmaceutical and cosmetics giant Johnson & Johnson over claims that the company knew for decades about the risks posed by using its talc-based products but continued to market the product to consumers. The talcum powder lawsuit further alleges that Johnson & Johnson systematically targeted minority women in its advertising and marketing campaigns of its Baby Powder and Shower to Shower products and misled them and others about the safety of the products.

According to Attorney General Balderas, Johnson & Johnson “concealed and failed to warn consumers about the dangers associated with their talc products,” among which can include such diseases like lung disease, ovarian cancer, and mesothelioma, a rare and deadly cancer which commonly affects the thin lining of tissue surrounding vital organs such as the lungs, heart, and abdomen. The legal action by the state of New Mexico is just the latest in a series of claims brought against Johnson & Johnson, which currently faces an estimated 17,000 talcum powder cancer lawsuits across the country brought by plaintiffs who claim their serious health conditions were caused by decades of talc use.

Thus far, jurors in state courts from California, Missouri, and New Jersey have handed down a over $5 billion in compensation to dozens of plaintiffs who claim they suffered irreparable harm at the hands of Johnson & Johnson. In the wake of these lawsuits, Johnson & Johnson’s long-time talc supplier, Imerys Talc USA filed for bankruptcy under the weight of litigation and its liability for its role in these and other plaintiffs’ talcum powder asbestos cancer diagnosis.

California Plaintiffs Refile Talcum Powder Asbestos Lawsuit to Include Additional Defendants

January 18, 2020 | by Throneberry Law Group

A group of seven California plaintiffs recently signaled their intention to a federal court to refile their talcum powder asbestos cancer lawsuit against pharmaceutical and cosmetics giant Johnson & Johnson in order to include additional defendants who may be at fault for causing their asbestos-related conditions. The federal district court judge hearing the case granted plaintiffs their motion to dismiss the case and include plaintiffs such as Claire’s and Valeant Pharmaceuticals over those companies’ negligence for not placing appropriate warning labels on their products.

The plaintiffs sought the request after the judge hearing the case disallowed the group to make any further amendments to the complaint originally filed only against Johnson & Johnson over claims that it negligently marketed its talc-based products such as Baby Powder and Shower to Shower. The plaintiffs originally filed their complaint in U.S. District Court for the Central District of California, claiming that the group developed serious, asbestos-related medical conditions as a result of using Johnson & Johnson’s talc products.

The judge hearing the case allowed the group to dismiss their claims, without prejudice, with the added condition that they pay for the legal fees incurred by Johnson & Johnson in the first iteration of the lawsuit. However, the judge cautioned Johnson & Johnson against “overlawyering” in an attempt to inflate the costs of the case as a retaliatory measure against the plaintiffs. The federal judge himself will decide the total amount of legal fees owed to Johnson & Johnson.

Hawaii Woman Files Asbestos Cancer Lawsuit Against Johnson & Johnson

January 4, 2020 | by Throneberry Law Group

A Hawaii woman recently filed an asbestos cancer lawsuit against pharmaceutical and cosmetics giant Johnson & Johnson and local grocer Foodland Supermarket Ltd. alleging that the defendants are responsible for her mesothelioma cancer diagnosis. The mesothelioma cancer lawsuit claims Johnson & Johnson knowingly produced and marketed talc-based products like Baby Powder and Shower to Shower, which the company knew were contaminated with deadly carcinogens but did not provide any warning to consumers on the label.

According to the asbestos mesothelioma lawsuit, filed in Honolulu Circuit Court, the 64-year-old plaintiff developed malignant mesothelioma after years of using asbestos-contaminated talcum powder products produced by Johnson & Johnson and sold by Foodland Supermarkets. The plaintiff, who is also an equine chiropractor, claims she frequently used Johnson & Johnson’s talcum powder products in the course of her work caring for horses.

The asbestos talcum powder lawsuit filing comes less than a month after Johnson & Johnson issued a voluntary recall for certain lots of of its Baby Powder product after the Food and Drug Administration (FDA) announced that those certain lots of Baby Powder tested positive for cancerous asbestos fibers. While Johnson & Johnson claims subsequent testing showed no positive tests for asbestos, a Wall Street Journal report revealed flaws in the initial testing the company conducted after it appeared to rush those independent tests.

Talc Supplier Linked to Johnson & Johnson Cancer Lawsuits Considers Company Sale

December 21, 2019 | by Throneberry Law Group

The once long-time talc supplier for pharmaceutical and cosmetics giant Johnson & Johnson is reportedly considering selling its North American operations, among other strategic alternatives to restructure the company after a difficult year in the courts. Earlier this year, Imerys Talc USA filed for bankruptcy under the weight of thousands of talcum powder asbestos cancer lawsuits in which it was enjoined with Johnson & Johnson, many of which produced multimillion dollar verdicts in favor of the plaintiffs.

The Paris-based company plans to work with a group of investment bank advisors on its next moves, according to a Reuters report on the subject. Any sale or restructure of the company would likely need a federal court’s approval, as the company faces potentially billions of dollars in liabilities linked to the estimated 14,000 talcum powder asbestos cancer lawsuits it faces with Johnson & Johnson.

2019 has been an especially difficult year for Imerys Talc USA. In February, Imerys filed for Chapter 11 bankruptcy in a Delaware federal court, a few months after juries across the country handed down over $5 billion in total damages to plaintiffs who named Imerys Talc USA and Johnson & Johnson as defendants in asbestos cancer lawsuits. In May 2019, Imerys Talc USA temporarily closed a processing plant in New York state after detecting the presence of asbestos fibers in certain minerals processed at the facility.

Johnson & Johnson Recalls Talcum Powder Products Over Asbestos Contamination

December 1, 2019 | by Throneberry Law Group

Pharmaceutical and cosmetics giant Johnson & Johnson recently recalled 33,000 bottles of one of its talc-based products after regulators discovered trace amounts of asbestos fibers in samples taken from a bottle of Baby Powder purchased online. This is the first time Johnson & Johnson has issued such a recall for its iconic Baby Powder product and coincides with the first time the Food and Drug Administration (FDA) has announced finding asbestos in the company’s talcum powder products.

The recall applied to one lot of Johnson & Johnson’s Baby Powder produced and shipped in the United States back in 2018. On a recent call with reports, Johnson & Johnson’s head of Women’s Health in the company’s medical safety organization, called the asbestos finding “extremely unusual,” adding that it was “inconsistent with our testing to date.”

In its call with reporters, Johnson & Johnson stated that it received a report from the FDA on October 17 alerting the company about the asbestos contamination in the lot of Baby Powder tested and the company would begin an investigation into its manufacturing records. The company faces an estimated 14,000 lawsuits across the country in state and federal court over allegations Baby Powder and Shower to Shower products caused plaintiffs’ serious medical conditions.

New Talcum Powder Asbestos Cancer Trial Begins in California

November 11, 2019 | by Throneberry Law Group

A California state jury recently heard opening arguments in a new talcum powder asbestos cancer trial brought by a 48-year old woman who claims she developed her serious form of cancer after years of using talc-based products produced and marketed by the defendant. The mesothelioma cancer lawsuit claims pharmaceutical and cosmetics giant Johnson & Johnson knew its talcum powder products were contaminated with asbestos fibers but provided no warning to consumers about the dangers associated with using its products.

Attorneys for the plaintiff told jurors that for decades, the plaintiff was exposed to asbestos fibers in Johnson & Johnson’s Baby Powder and Shower to Shower and that was the cause of her developing mesothelioma cancer. Johnson & Johnson, on the other hand, maintained that despite the overwhelming evidence showing the company knew its products have tested positive for asbestos, those products are safe for consumers and not to blame for the plaintiff’s condition.

The trial comes just weeks after a Los Angeles jury handed down a substantial $40.3 million verdict to a plaintiff and her husband alleging the victim’s mesothelioma cancer was also caused by exposure to asbestos fibers in Johnson & Johnson’s Baby Powder. That latest lawsuit is just one of many that together have produced over $5 billion in total compensation to dozens of plaintiffs across the country who claim their cancer diagnoses were due to asbestos exposure from decades of using Johnson & Johnson’s talc-based products.

California Jury Awards $3 Million to Pipefitter in Asbestos Cancer Lawsuit

May 23, 2019 | by Throneberry Law Group

A Southern California jury recently awarded a former pipefitter and his wife $3 million in an asbestos cancer lawsuit brought against a contractor whom the plaintiff claims frequently exposed him to asbestos during the course of his employment. The mesothelioma lawsuit claimed that D.W. Nicholson Corp. exposed the plaintiff to asbestos while performing an estimated 100 contracting jobs at the Masonite Corp. in Ukiah, California.

According to the mesothelioma cancer lawsuit, filed in Los Angeles Superior Court, D.W. Nicholson Corp. installed mechanical, electrical, and piping equipment at Masonite more than 100 times while the plaintiff worked at the site. The plaintiff alleged that D.W. Nicholson frequently exposed the victim to asbestos when the company failed to clean up asbestos-containing debris it left behind and provided no warning to Masonite workers about the risks of exposure.

As a result of years of asbestos exposure from 1964 to 1999, the plaintiff claimed he developed mesothelioma, a rare and deadly form of cancer which commonly affects the thin lining of tissue surrounding vital organs like the lungs, heart, and abdominal cavity. Asbestos exposure is directly linked to developing this rare type of cancer, often occurring through industrial exposure in the course of employment or sometimes secondhand when fibers are brought home on work clothing.