Missouri Court Refuses To Reconsider $2.1B J&J Talc Ruling

Missouri Court Refuses To Reconsider $2.1B J&J Talc Ruling

Introduction

Last Tuesday, a Missouri appellate court denied Johnson & Johnson's (J&J) motion to relook at its decision that upheld a jury's verdict over the company's talcum powder products but slashed the damages award to $2.11 billion from the landmark $4.7 billion.

On July 8, J&J and subsidiary J&J Consumer Inc. filed a motion for rehearing and applied for a transfer to the Missouri Supreme Court, both of which were denied by the Eastern District Court of Appeals as per a docket entry dated 28th of July.

J&J was attempting to reverse a ruling passed by a three-judge panel in June that affirmed the jury's findings that asbestos present in the baby powder and other talc products was the cause of increasing the risk of cancer in a group of 22 women. The damages award was reduced after the panel agreed with the defendant that out-of-state plaintiffs only have claims against its subsidiary, J&J Consumer Inc.

In May, J&J decided to stop selling its talcum-based products in the U.S. and Canada due to declined consumer demand and misinformation about the safety of the products. Last month, organizations from more than 51 countries sent a letter to Alex Gorsky, the Chairman and Chief Executive Officer (CEO) of J&J, asking to remove all talc-based baby powder products from the global market.

Talc, one of the main ingredients in baby powder, is considered cosmetic when used in makeup and body powders, which required very little federal oversight. The law does not require cosmetic companies to share their safety information with the Food and Drug Administration (FDA). Without sound scientific data to show that it is harmful under its intended use, the FDA cannot take any action.

Despite several studies highlighting the cancer risk, the FDA does not require Baby Powder warnings on talc-based product labels to be updated. Moreover, J&J has also refused to add one, willingly.

Nearly 19,000 talcum powder and Shower-to-Shower lawsuits are filed against J&J in courts nationwide, each raising similar claims about the presence of asbestos and the risk of cancer.