Maker of Allegedly Cancer-Causing Talcum Powder Loses in N.J. Supreme Court

Talcum PowderTheir Day in Court

Lawsuits against Johnson & Johnson are set to go forward. Johnson & Johnson’s request for the N.J. Supreme Court to review a lower court decision which revived lawsuits against the company has been turned down. Two women who have used Talcum powder, produced by J & J, and have alleged that it caused them to develop ovarian cancer brought these suits forth.[1] The suits will now be taken up by a jury in a N.J. state court.[2] Those suing the pharmaceutical giant have alleged that talcum powder contains asbestos, and is not safe to use.[3] Talcum powder is not only used for personal, household uses such as cosmetics and baby powder, but for industrial uses as well. It is used in paint, insecticides, ceramics, paper, rubber, and roofing.[4]

The following types of workers use talcum powder at their jobs:

  • Miners
  • Factory workers
  • Construction workers
  • Chemical technicians and plastics workers
  • Pharmaceutical workers
  • Papermakers[5]

Certain diseases and ailments linked to talcum powder include:

  • Respiratory issues, such as lung cancer and mesothelioma
  • Talcosis
  • Asthma
  • Pneumonia[6]

Exposure Can Be Deadly

The International Agency for Research on Cancer brands the “use of body powder that is talc-based” as “possibly carcinogenic” to humans.[7] Although there is no definitive answer as to whether talc directly causes illnesses such as mesothelioma, there are many reports of this cause and effect. There have been over 9,000 cases against J & J for ovarian cancer. This excludes mesothelioma cases.[8]

Unfortunately, materials that are cheap and affordable to use sometimes have negative consequences. This is the case with asbestos, which contains fibers so tiny that they are easy to inhale. Talc powder is visually like asbestos.

Second-hand exposure to asbestos substances can be just as deadly as first-hand exposure. Families can be affected if a single member of a family uses a product containing asbestos.[9]

Our History

Our company has worked with and has extensive experience with clients who have developed mesothelioma because of their work-related duties. One of our clients who worked in construction took home $233,589 in workers’ comp benefits, as well as lifetime benefits derived from the Second Injury Fund after exposure to asbestos. The client would work in buildings built between 1920 to the present day and was not provided adequate personal protective equipment such as masks or respirators.[10] Older buildings are known to contain asbestos, because of a lack of regulation. Only during the early 1970s did the Occupational Safety and Health Administration start to seriously regulate asbestos.[11]

Another client with whom we worked with was the wife of a prison guard who was in the surrounding area of asbestos removal projects in his workplace. Even though the guard smoked two packs of cigarettes per day, Craig Livingston was able to obtain an award of $187,650 for his widow.[12]

If you or someone in your family have been exposed to asbestos and have developed mesothelioma or cancer as a result, call our law firm at (973) 943-4106 for a free consultation. We want to protect you, and your family’s future.

[1] O’Sullivan, Jeannie. “NJ Justices Won’t Second-Guess Revival Of J&J Talc Cases.” Law360, Portfolio Media, Inc., 29 Jan. 2021, www.law360.com/articles/1350213/nj-justices-won-t-second-guess-revival-of-j-j-talc-cases.

[2] Oppenheimer, Terri. “Mesothelioma Advocates Cheered by NJ Supreme Court Decision in Talcum Powder Asbestos Case.” Mesothelioma.net, Mesothelioma.net, 5 Feb. 2021, mesothelioma.net/mesothelioma-news/mesothelioma-advocates-cheered-by-nj-supreme-court-decision-in-talcum-powder-asbestos-case/.

[3] “Talc.” U.S. Food and Drug Administration, FDA, 18 Aug. 2020, www.fda.gov/cosmetics/cosmetic-ingredients/talc.

[4] Llamas, Michelle, and Kevin Connolly. “Talcum Powder: Uses, Talc, Deadly Cancers & Asbestos Link.” Drugwatch, Drugwatch.com, 16 Oct. 2020, www.drugwatch.com/talcum-powder/.

[5] Kidd, Stephanie. “Talc Powder Exposure and Risks – Mesothelioma Cancer Network.” Mesothelioma Cancer Network, Mesothelioma Cancer Network at Asbestos.net, 29 Oct. 2020, www.asbestos.net/products/talc-powder/.

[6] Llamas, Michelle, and Kevin Connolly. “Talcum Powder: Uses, Talc, Deadly Cancers & Asbestos Link.” Drugwatch, Drugwatch.com, 16 Oct. 2020, www.drugwatch.com/talcum-powder/.

[7] Strand, Tara, and Jennifer Lucarelli. “Asbestos in Talcum Powder: Products, Uses & Exposure.” Mesothelioma.com, Mesothelioma.com, 30 Nov. 2020, www.mesothelioma.com/asbestos-exposure/products/talc-powder/.

[8] Ibid.

[9] Kidd, Stephanie. “Talc Powder Exposure and Risks – Mesothelioma Cancer Network.” Mesothelioma Cancer Network, Mesothelioma Cancer Network at Asbestos.net, 29 Oct. 2020, www.asbestos.net/products/talc-powder/.

[10] Meredith, Nancy. “The History of Asbestos: Timelines of When Asbestos Was First Used.” MesotheliomaHelp.Org, MesotheliomaHelp.Org, 17 Apr. 2019, www.mesotheliomahelp.org/asbestos/history/.

[11] “New Jersey Workers Compensation Law – Case Results – Workplace Lawyers.” Livingston DiMarzio, LLP – The Workplace Lawyers, Livingston DiMarzio, LLP, 18 Mar. 2020, www.workplacelawyers.com/case-results/.

[12] “New Jersey Workers Compensation Law – Case Results – Workplace Lawyers.” Livingston DiMarzio, LLP – The Workplace Lawyers, Livingston DiMarzio, LLP, 18 Mar. 2020, www.workplacelawyers.com/case-results/.

WorkplaceLawyers.com is the website for the workers compensation attorneys firm of Livingston, DiMarzio LLP Our team of attorneys is made up of New Jersey Mesothelioma Lawyers, NJ Workers Comp Lawyers, Employment Lawyers and Certified New Jersey Worker’s Compensation Attorneys.