States Will Share In The Johnson's Baby Powder Cancer Settlement If Approved
Hundreds of millions of dollars have been allocated to pay false advertising and consumer protection violations of about a dozen US state attorney generals
Thursday, May 18, 2023 - People are taking note of the 400 million dollar portion of the $8.9 billion Johnson's Baby Powder cancer settlement amount that has been allocated to pay US states that have sued claiming the company committed false marketing and consumer protection violations in their territory. States that have filed lawsuits sued and their Attorney Generals filing the case include California Attorney General Xavier Becerra, Illinois Attorney General Kwame, Raoul, Kentucky Attorney General Andy Beshear, Maryland Attorney General Brian Frosh, Missouri Former Attorney General Josh Hawley, New Jersey Attorney General Gurbir Grewal, New Mexico Attorney General Hector Balderas, New York Former Attorney General Eric Schneiderman, Ohio Attorney General Dave Yost, Pennsylvania Attorney General Josh Shapiro, and Washington Attorney General Bob Ferguson. Having a multitude of State Attorney Generals allege wrongdoing on the part of Johnson & Johnson lends credibility to the independent investigation that leads one to believe that talcum powder is dangerous to one's health and may cause cancer or mesothelioma.
To quote several State AGs, Attorney General Xavier Becerra of California told the press that his state's investigation focused on the company's knowingly misleading consumers: "We filed the lawsuit against Johnson & Johnson on April 15, 2020, because we believe they knowingly misled consumers about the safety of their talc-based products. Our priority is to protect the health and well-being of Californians, and we won't tolerate deceptive marketing practices that put people at risk." Attorney General Kwame Raoul of Illinois alleges: "After a thorough investigation, we took legal action against Johnson & Johnson on September 8, 2019. Our lawsuit alleges that the company violated our state's consumer protection laws by falsely advertising its talc products as safe. We are committed to holding corporations accountable and ensuring the truth prevails in the marketplace." State AG Josh Shapiro of Pennsylvania confirmed that the company had a responsibility to warn consumers about the risks of using Johnson's Baby Powder and failed to do so. "We brought the lawsuit against Johnson & Johnson on May 2, 2018, because they failed to warn consumers about the potential risks associated with their talc-based products. Our duty is to protect Pennsylvanians, and when companies prioritize profits over people's health, we will take action to ensure justice is served."
Johnson & Johnson talc liability subsidiary LTL Management has refilled for bankruptcy in New Jersey after their initial attempt at the legal designation was overturned on appeal. It is unclear if the company will be able to re-enter bankruptcy. Most agree that it seems unlikely J & J will be able to shelter the parent company from tens of thousands of talcum powder cancer lawsuits going forward. The appeals court cited that LTL did not show a good faith reason to enter bankruptcy and that the parent company was in no financial distress. It will take approval from 75% of talcum powder cancer claimants for the settlement to take effect. All 14 members of the Johnson & Johnson talcum powder cancer multidistrict litigation (MDL) panel have rejected the offer as being inadequate to compensate cancer victims for their medical expenses etc.
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