New York Post

J&J’s latest wound

Stock slides on repor t of criminal probe on talc

- By RICHARD MORGAN

Johnson & Johnson’s stock plunged 4.2 percent on a Friday report that the Justice Department is conducting a criminal investigat­ion into whether the pharma giant misled the public about cancer risks of its talcum powder.

J&J disclosed in February securities filings that it had received subpoenas from the DOJ and the Securities and Exchange Commission about litigation related to alleged asbestos contaminat­ion in its baby powder.

But Bloomberg reported on Friday those subpoenas are part of a criminal probe that joins a regulatory investigat­ion and thousands of civil claims by cancer patients that J&J’s baby powder talc caused their disease.

In an e-mail to The Post, J&J countered that “the implicatio­n that there has been a new developmen­t in this matter is flatly wrong.”

The consumer-products company added that it’s “fully cooperatin­g with the DOJ investigat­ion” and that documents about the subject “have been publicly available for months on our website.”

The DOJ didn’t respond to requests for comment; the SEC had no comment.

J&J, based in New Brunswick, NJ, has long maintained its talc does not cause cancer, citing nearly 40 years of medical studies that clear the product as safe and asbestos-free.

Some lawsuits, however, have turned up decades-old memos expressing fears by company scientists that asbestos found in J&J’s talc was a “severe health hazard” and could lead to legal liabilitie­s.

Indeed, over the past three years, about a dozen juries have awarded more than $5 billion to plaintiffs who blamed their cancers on J&J’s baby powder and former Shower to Shower products — a line of absorbent body powders the company sold to Valeant Pharmaceut­icals in 2012.

The juries made the awards after determinin­g the J&J products contained at least trace amounts of asbestos, which is strongly linked to mesothelio­ma.

J&J’s stock dip on Friday wasn’t as bad as the 11 percent decline recorded on Dec. 14 — the stock’s sharpest since 2002 — after a Reuters report claimed J&J knew for decades that asbestos was in its baby powder.

But the more recent criminal inquiry is likely to delay settlement of the many civil claims against J&J.

Civil plaintiffs are reluctant to settle, experts said, before knowing whether a criminal investigat­ion will uncover evidence or produce testimony that advances their own cases. rmorgan.ny@nypost.com

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