Johnson & Johnson, one of the world’s largest consumer products companies, has faced decades of litigation alleging that its talc-based baby powder and other talcum powder products caused ovarian cancer and mesothelioma in users. Despite the company’s attempts to resolve the litigation through bankruptcy maneuvers and global settlements, lawsuits continue to be filed, and courts have awarded billions of dollars in damages to plaintiffs. For New Mexico residents who used Johnson & Johnson talc products and developed cancer, understanding the current state of this litigation is critical.
As of 2024, Johnson & Johnson has faced more than 60,000 talc-related lawsuits. The company has proposed a $6.5 billion settlement to resolve current and future claims, but this proposal has faced legal challenges and has not been finalized. Meanwhile, individual cases continue to proceed through the courts, with juries consistently finding in favor of plaintiffs.
The Link Between Talc and Cancer
Ovarian Cancer
Multiple epidemiological studies have found an association between regular genital use of talcum powder and an increased risk of ovarian cancer. A meta-analysis of 27 studies found that women who regularly used talc in the genital area had a 24-33% increased risk of ovarian cancer. The theory is that talc particles can travel through the reproductive tract to the ovaries, causing chronic inflammation that promotes cancer development.
Mesothelioma
Mesothelioma is a rare and aggressive cancer primarily associated with asbestos exposure. Testing of Johnson & Johnson talc products has revealed the presence of asbestos fibers — a contaminant that can occur naturally in talc deposits. Internal company documents obtained during litigation suggest that Johnson & Johnson knew about asbestos contamination in its talc supply for decades but failed to disclose this information to consumers or regulators.
Key Developments in the Talc Litigation
Major Jury Verdicts
- Ingham v. Johnson & Johnson (2018) — A Missouri jury awarded $4.69 billion to 22 women who developed ovarian cancer after using J&J talc products (later reduced to $2.12 billion on appeal)
- Multiple individual verdicts ranging from tens of millions to hundreds of millions of dollars
The Bankruptcy Strategy
In a controversial legal maneuver, Johnson & Johnson created a subsidiary called LTL Management and transferred its talc liabilities to that entity, which then filed for bankruptcy. This “Texas Two-Step” strategy was designed to force all talc claims into bankruptcy court and cap the company’s total liability. Federal courts have rejected this approach multiple times, ruling that it was not filed in good faith.
Proposed Global Settlement
Johnson & Johnson has proposed a $6.5 billion settlement to resolve current and future talc claims. However, this proposal requires approval from a supermajority of claimants and has faced opposition from plaintiffs who believe the amount is insufficient given the scope of harm.
Filing a Talc Product Liability Claim in New Mexico
New Mexico’s product liability laws provide strong protections for consumers harmed by dangerous products:
Legal Theories
- Strict liability — J&J is liable for injuries caused by its defective talc products regardless of fault
- Failure to warn — J&J failed to warn consumers about the cancer risks associated with talc use
- Negligence — J&J failed to exercise reasonable care in testing, manufacturing, and marketing its talc products
- Fraud and concealment — J&J allegedly knew about asbestos contamination and cancer risks and actively concealed this information
Who May Be Eligible
You may have a viable claim if you:
- Regularly used Johnson & Johnson baby powder or other talc products
- Were diagnosed with ovarian cancer or mesothelioma
- Can establish a history of talc product use prior to diagnosis
Statute of Limitations
New Mexico’s statute of limitations for personal injury claims is three years from the date the injury was discovered or should have been discovered (N.M. Stat. § 37-1-8). The discovery rule is particularly important in talc cases, where cancer may develop decades after exposure.
Compensation Available
Talc cancer victims may recover:
- Medical expenses (surgery, chemotherapy, radiation, palliative care)
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages for corporate concealment and fraud
- Wrongful death damages
Frequently Asked Questions
Is Johnson & Johnson baby powder still being sold?
Johnson & Johnson discontinued its talc-based baby powder in North America in 2020 and globally in 2023, replacing it with a cornstarch-based formula. However, claims related to past use of the talc-based product continue.
Can I still file a talc lawsuit?
Yes. New lawsuits continue to be filed, and the proposed global settlement has not been finalized. If you were recently diagnosed with cancer linked to talc use, you may still have time to file a claim.
What if I used talc products from other companies?
While Johnson & Johnson is the primary defendant in talc litigation, other companies that manufactured or sold talc products may also be liable. An attorney can evaluate your specific exposure history.
How long does a talc lawsuit take?
Individual cases may take one to three years. The timeline depends on whether the case is resolved through settlement or trial, and whether it is affected by the ongoing global settlement negotiations.
Contact Dominguez Law for a Free Consultation
If you or a loved one has been diagnosed with ovarian cancer or mesothelioma after using Johnson & Johnson talc products, you may be entitled to significant compensation. At Dominguez Law, we have the experience and resources to pursue complex mass tort claims.
Contact us today for a free, confidential consultation. There is no fee unless we recover compensation for you. Se habla español.
