J&J’s talc phaseout may be prelude to settling lawsuits

Johnson & Johnson’s decision to phase out the talcbased version of its iconic baby powder may signal the company is moving out of litigation-defense mode over allegations the product causes cancer and preparing for a global settlement of almost 20,000 pending claims.

The move, characterized by J&J officials Tuesday as a “commercial decision,” allows the world’s largest maker of health care products to create a deadline for future claims that the powder causes ovarian cancer and mesothelioma, legal experts say.

“This fences the litigation pretty neatly,” said Carl Tobias, a University of Richmond professor who teaches about product liability law. “It sets a date that says after this, the claims won’t fly because everyone is on notice about the talc allegations. That definitely makes settlement easier.”

J&J may be weary after six years of litigation with people who claim asbestos in its talc — or simply the mineral itself –- caused the two types of cancer. Plaintiffs say the company knew of the product’s cancer risks by the early 1970s and failed to warn consumers. A California jury asked in 2018 whether it could force J&J to put a warning on the product.

“This decision has no impact on our legal position,” said Kim Montagnino, a J&J spokeswoman. “We are confident in our legal strategy and our defense, which is supported by decades of scientific evidence showing our talc is safe and does not contain asbestos. The company will continue to defend the product at future trials.”

In some of those trials, juries across the U.S. have hit the company with billions of dollars in damages to compensate injured consumers and punish the company over its handling of the product. J&J has succeeded in getting most of those verdicts reduced or wiped out on appeal.