The controversy surrounding Johnson & Johnson (J&J) baby powder and its alleged link to cancer has been a legal and public health battle for years. With thousands of lawsuits filed by individuals who claim they developed mesothelioma due to asbestos exposure, with the contaminant present in the product, J&J has sought ways to minimize their liability. One of the strategies involves a controversial legal maneuver known as the Texas two-step, which has delayed justice for victims. This blog explores the issue, how it affects those seeking compensation, and the legal complexities surrounding these cases.
J&J Baby Powder: A Product Under Scrutiny
For decades, J&J baby powder was marketed as a safe and essential product for families. However, concerns about asbestos contamination in J&J baby powder date back decades. In the 1970s, researchers and government agencies, including the FDA, began investigating the safety of talc-based powders. Internal company documents later revealed that J&J was aware of the potential presence of asbestos fibers in its baby powder, a known carcinogen but did not disclose this risk to consumers. Studies have since linked talc exposure to an increased risk of ovarian cancer. Exposure to asbestos has been linked to numerous health problems, including:
- Mesothelioma – A rare but aggressive cancer affecting the lining of the lungs, abdomen, or heart.
- Ovarian Cancer – Women who used talc-based baby powder for personal hygiene have filed lawsuits alleging a direct link to their diagnosis.
- Lung Disease – Prolonged exposure to asbestos-tainted products can lead to serious asbestos-related diseases, such as respiratory illnesses.
Johnson & Johnson Baby Powder Lawsuit: Seeking Justice
More than 60,000 lawsuits have been filed against J&J, people who are alleging that they suffered toxic exposure from its baby powder. These lawsuits seek compensation for medical expenses, pain and suffering, lost wages, and wrongful death claims for affected families. Over the years, some juries have awarded substantial verdicts to plaintiffs, including a $260 million judgment in a recent Texas case.
Key Legal Developments:
- J&J has faced billions in lawsuit payouts, yet continues to fight claims rather than settling broadly.
- Plaintiffs argue that J&J knew about the asbestos contamination but failed to warn consumers.
- Courts have increasingly scrutinized J&J’s legal tactics, particularly its efforts to avoid liability through bankruptcy loopholes.
The Texas Two-Step: A Legal Loophole Delaying Justice
A significant challenge for plaintiffs has been J&J’s use of the Texas two-step, a controversial bankruptcy strategy. This maneuver involves:
- Splitting the company – J&J split into two entities, forming a new company called LTL Management on 11th October, 2021, and transferred its baby powder liabilities into it.
- Declaring bankruptcy – Just 2 days later, LTL management files for Chapter 11 bankruptcy, delaying lawsuits and limiting potential payouts.
- Shielding J&J from lawsuits – By offloading liability, J&J aims to minimize payouts to victims and avoid full responsibility.
Courts have rejected this maneuver multiple times, ruling that J&J’s use of bankruptcy is a tactic to avoid financial accountability. Despite these rulings, J&J continues to seek legal maneuvers, prolonging the fight for justice and compensation that mesothelioma patients and others harmed by toxic exposure deserve.
Who Can File a Claim?
If you or a loved one has been diagnosed with mesothelioma, ovarian cancer, or another asbestos-related disease after using J&J baby powder, you may be eligible to file a claim. Victims may seek compensation through lawsuits, personal injury claims, and the mesothelioma trust fund list.
How to file a mesothelioma claim? You will typically need:
- Medical records confirming a diagnosis of mesothelioma, ovarian cancer, or another asbestos-related condition.
- Proof of exposure to J&J baby powder or products that may have contained asbestos, such as work history, product usage details, or witness testimony.
- Legal representation from an asbestos lawyer who can navigate the complexities of litigation, particularly when dealing with large corporations like Johnson & Johnson.
An experienced asbestos lawyer can help you identify the best legal options, whether through filing a personal injury lawsuit or submitting a claim to a relevant asbestos trust fund. These legal professionals will guide you through the process, gathering evidence, submitting claims, and advocating on your behalf to secure the compensation you deserve.
Is J&J Baby Powder Safe Now?
Due to mounting litigation, public scrutiny, and concerns over toxic exposure, J&J has removed talc-based baby powder from the U.S., Mexico, and Canadian markets, replacing it with cornstarch. However, it is still available in other countries and concerns remain about these existing products still in circulation. Consumers should be cautious and opt for alternatives that do not contain talc.
How Shrader & Associates, L.L.P. Can Help
At Shrader & Associates, L.L.P., we specialize in asbestos exposure cases and have a track record of helping victims secure fair compensation. Our experienced lawyers can help you navigate the complex litigation landscape, whether you need to file a mesothelioma claim, seek justice for ovarian cancer, or understand your legal rights.
If you or a loved one has suffered due to J&J baby powder, contact Shrader & Associates, L.L.P. today for a free consultation. Justice may be delayed, but it should never be denied.