Talcum Powder products are one of the crucial elements in varieties of cosmetic products. People widely use these talc powder-based products in their daily routine products. However, these talc powder products have various adverse effects.
Recently, Johnson & Johnson has received thousands of legal cases against using talc powder without properly mentoring its hazardous effects. Thus, numerous US people are stuck in this case and waiting for a settlement from the government and the company.
You will be happy to know that the company has declared its decision, and courts are also discussing the final verdict. This guide has mentioned everything you need to know about Talcum Powder Lawsuits. Let’s begin the guide.
Table of Contents
What is a Talcum Powder Lawsuit?
Talcum Powder Lawsuits refer to filing legal cases against cancer or other health problems caused by talc-based powder users. Johnson & Johnson is a known brand that sells talc-based powders and most such cases.
“Talc” is a mineral that helps absorb moisture and leaves a silky texture. Talc is generally used in personal hygiene and cosmetics products. However, there are varieties of talc available in the market. Some of the talc consists of asbestos (a carcinogenic mineral), which is the reason for lung cancer and mesothelioma.
Talcum Powder Lawsuit Criteria
There is a strict judicial system against causing health issues or cancer due to using Talcum-based powders or products regularly. In this section, we have mentioned all the real-life cases allowing you to file a lawsuit against using Talcum Powder.
- Women who developed Ovarian Cancer or Mesothelioma are generally eligible to file the Talcum Powder Lawsuits. In this case, women must apply talc powder products daily around their genital area. However, the women who have used the cornstarch-based baby powders are not eligible for the talcum lawsuit claims because the cornstarch powder doesn’t contain talc.
- If an individual has been diagnosed with any cancer due to the regular use of talc powders, then the people have full right to file a lawsuit against the talc powder product company.
- The people can file talc powder lawsuits against the company if the company needs to adequately warn about the health risk regarding the regular use of their products.
- An individual can also claim for their damages in real life, including cancer diagnosis expenses, other medical expenses, lost wages, and other sorrow and sufferings.
Therefore, these are the primary reasons to file a lawsuit against the Talcum Powder Product companies. You need to prove that talcum powder-based products cause your health issues.
What are the Possible Health Effects of Asbestos-Contaminated Talcum Powder?
Asbestos is a mineral made up of a mixture of various complex fibers. When a human body consumes asbestos, the body becomes unable to break down the fibers.
Thus, these asbestos fibers start irritating their surrounding cells, bringing various changes in the DNA and initiating inflammation. All these changes become the cause of cancer and other health issues.
The consumption of asbestos commonly causes several types of cancer. It includes Pleural Mesothelioma, Colon Cancer, Ovarian Cancer, Lung Cancer, Stomach Cancer, Pericardial Mesothelioma, Peritoneal Mesothelioma, and Laryngeal Cancer.
To figure out whether you are affected by the asbestos consumption or not. We have mentioned some of the experts’ suggested symptoms that would warn you about possible cancers.
- Breath shortness
- Unnecessary Cough
- Pain in chest
- Swelling and pain in abdominal
- Swallowing difficulty
- Changes in the menstrual cycle
- Issues in digestion
- Hoarseness (strained voice)
Johnson & Johnson Talcum Powder Update 2023
Johnson & Johnson is among the companies that have faced numerous talcum powder lawsuits against the use of asbestos in their baby powder products. The FDA (Food and Drug Administration) department of the United States started spreading awareness about the harmful effects of asbestos in Johnson & Johnson products in October 2019. Then, the FDA worked with various manufacturers, including J&J, to uproot the use of asbestos minerals in talc-based powder products.
Later in April 2020, J&J company got numerous lawsuits against using talc powder that became the cause of cancer. Thus, the company later announced that it would no longer sell Baby Powder Products in the US and Canada.
According to a report on October 14, 2022, Johnson & Johnson has around 37,515 cases against the contamination of asbestos in their talc products, which led the company to a settlement, defense, and verdict cost of $4 billion. The customers have claimed that the company has not adequately warned them, despite knowing the hazardous health issues associated with using talc products.
Thus, in 2023, the J&J cosmetics company announced that they would replace talc with cornstarch. This change will take the company to a safer side.
How Long Does It Take To Settle A Talcum Powder Case?
Talcum powder lawsuits generally take two to some years to be settled. It depends upon the cases, their complexities, and their conditions. In the general case, these lawsuit cases sort in around 2-10 years. However, many cases are still pending in the court because of the pandemic lockdown.
These cases start from the date of diagnosis, and you have figured out the reason. In some cases, families even filed a case against the death of their family member due to cancer caused by the use of talcum powder products. Such cases have short statutes of limitation.
The best thing is to take the help of an attorney to sort the case properly. An attorney will also guide you on various things, including the expected time frame and possible and practical solutions.
What is the Average Settlement For Talcum Powder Lawsuit?
According to the report of The Economic Times, the J&J company has proposed to the 60,000 plaintiffs and other federal courts to settle all the year-old Talcum Powder Lawsuit cases for $8.9 in the United States in April 2023. It will be one of the most significant settlements if the court approves it.
Even in October 2020, the J&J company offered the courts to settle the talcum powder ovarian cases for $100 Million. Thus, in general cases, any small or big talcum powder product manufacturer and seller must give at least thousands or millions of dollars to settle their cases. Certain factors widely influence the settlement amount in these cases, which include:
- Financial and physical damage
- Hospital and medicine bills
- Earning capability lost
- Severity of disease
- Lost in your quality of life
For instance, anyone who has lost their spouse because of talcum powder products can claim for the loss of consortium. Wrongful death generally allows you to claim the more significant settlement amount. The Settlement Administrator must decide the settlement amount after considering all the factors.
Who Can I Sue For Talcum Powder Complications?
You can sue everyone for Talcum Powder Lawsuits, including the manufacturers, distributors, brands, and retailers. Some known companies have been sued for manufacturing or selling Talcum Powder Products:
- J&J cosmetics company
- Vanderbilt Minerals
- Whittaker, Clarks & Daniels
- Imerys Talc North America
You can sue everyone for having adverse effects because of the regular use of talc-containing products. These products often cause several types of cancer, and people can even die.
Is There Any Talcum Powder Lawsuit Deadline (Statute of Limitations)?
Talcum Powder Lawsuits have a deadline or statute of limitations. The statute of limitations generally depends upon whether the victim lives or dies. In most states, people can file a lawsuit against the talcum powder products manufacturing companies in 2 years. While in some states, people are allowed to file a case during 1-4 years.
Simply put, many people want to know if there is any deadline to file a Talcum Powder Lawsuit. You can file the lawsuits on behalf of yourself or your loved one. These deadlines are known as the statutes of limitations. Thus, all the states have different statutes of limitations to file a case against them. Some states even allow more than four years to file the case. However, Kentucky allows only one year.
This concept of the “Statute of Limitations” was initiated from the criminal laws. In criminal cases, the prosecutor gets a definite period to file a case against the suspect. Some US states allow around five years for minor felonies to elapse. However, states like Kentucky have no limitation in statute over the felony.
To Wrap Up
These talc-based products have destroyed the credibility and reputation of all the manufacturing and distributing companies. The companies are ready to pay an enormous amount to settle all the previous court cases. However, most companies, including Johnson & Johnson, have decided to replace the talc with cornstarch. We hope you like the guide and find all the relevant information in the article.
Frequently Asked Questions (FAQs)
- How much can I get from the talcum powder lawsuit?
Johnson & Johnson is one of the famous companies that offer the Talcum based powder products. In 2020, the J&J company offered to pay $100 Million to settle more than 1000 ovarian cancer cases because of the regular use of Talcum powder. Thus, each Plaintiff will receive thousands of millions of dollars based on the case’s condition.
- Who qualifies for the talcum powder lawsuit?
Any person diagnosed with Ovarian mesothelioma or any other type of mesothelioma can claim the Talcum Powder Lawsuit. However, the only condition is that you must have used the talcum powder products regularly.
- What are the talcum powder claims?
Talc powder claims are against talcum powder companies because of the adverse effect of the talc present in their products. The companies need to adequately warn about the problem of using talc regularly. The talc can even cause cancer. People have used talc-based products for longer and are seeing adverse effects now. Thus, people are claiming cases against these companies.
- Will J&J settle talcum powder cases in 2023?
In April 2023, J&J was confirmed to pay $8.9 billion to settle thousands of cases. Thus, J&J company is responsible for the cases and promised to use cornstarch instead of talcum.
- When will the talcum powder lawsuit be settled?
Johnson & Johnson has already declared to pay $8.9 billion to settle thousands of talc powder cases. This settlement includes nearly 60,000 plaintiffs and other courts. If the court approves this settlement, it will be one of the most significant settlement amounts.
- Who is eligible for a lawsuit against Johnson & Johnson powders check?
Suppose you were diagnosed with ovarian mesothelioma or any other type within the past six years and regularly used the Johnson & Johnson talc powder products. In that case, you can file a case against the company. From the manufacturer to the distributors, you can claim anyone.