Johnson & Johnson, awarded $4.69 billion in compensation in the baby powder case: will continue to appeal

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 Johnson & Johnson, awarded $4.69 billion in compensation in the baby powder case: will continue to appeal


On Dec. 20, Reuters reported that Johnson & Johnson had said in a statement that baby talcum powder did not contain asbestos and that the company would continue to appeal against the sky-high compensation.

The judge denied similar decisions previously made by his court, which were eventually overturned by the Court of Appeal. We believe that this ruling will also be overturned on appeal. Johnson & Johnson wrote in its statement.

Currently, the health care company faces thousands of lawsuits over the safety of baby powder. Baby talcum powder was one of the core products of Johnson & Johnsons consumer products department. It has a high reputation in the world and has established a good consumer reputation for Johnson & Johnson for many years. Since the 1970s, talc powder has been used in baby powder and other cosmetic products.

In this case, the plaintiff claimed for the first time that asbestos fibers in Johnson & Johnson baby powder caused ovarian cancer. The plaintiffs judgment was based on unsealed documents inside Johnson & Johnson, which described in detail Johnson & Johnsons knowledge of asbestos in talcum powder at least since the 1970s, and its removal of hazards.

Rex Burlison, a Missouri judge, said in a December 19 ruling that the jurys huge compensation award was based on Johnson & Johnsons particularly reprehensible conduct during the trial. He rejected the companys request to overturn the verdict, saying the women provided sufficient evidence to support the jurys ruling.

Mark Lanier, a lawyer for two of the plaintiffs, said in a statement that the plaintiff was satisfied with Judge Berlisons decision.

Since December 14, Reuters has revealed that Johnson & Johnson has deliberately concealed the carcinogenic substance asbestos in its baby talcum powder for decades. Since that day, Johnson & Johnsons share price has fallen by more than 13%, causing the companys market value to evaporate by more than $45 billion.

Among the many lawsuits Johnson & Johnson faces, some women and their families say decades of use of baby powder and other cosmetics containing talc powder have caused their illness. They claim that, at least since the 1970s, the company has known that talc powder contains asbestos, but failed to warn consumers about these risks.

In long-standing lawsuits in the past, plaintiffs claimed that talcum powder itself causes ovarian cancer, but their lawyers have changed their opinion in recent months, claiming that asbestos in talcum powder can cause mesothelioma (a cancer closely related to asbestos exposure) and ovarian cancer.

Johnson & Johnson denied that talc powder products contain asbestos, and said decades of research and regulatory assessments have shown that talc powder is safe.

The Missouri Court of Appeal overturned two previous talc rulings against Johnson & Johnsons ovarian cancer, saying they were inconsistent with the Supreme Courts decision in 2017 to restrict companies from suing for personal injury.

The company made a similar argument in its September motion, telling Berlison that these women had no right to sue in Missouri, most of them from other states. Johnson & Johnson also said that lawyer Raniel replaced evidence and evidence with misleading and inflammatory images during the trial, including images of Johnson and Johnson pushing a woman off a cliff and causing ovarian cancer.

But in his ruling, Mr. Bellison said that because Johnson & Johnson was associated with Missouri, the cases should belong to Missouri courts.

Johnson & Johnson faces more than 9,700 talcum-related lawsuits, the vast majority of which allege that asbestos in its cosmetics causes ovarian cancer, while a small number allege that the use of talcum powder causes mesothelioma.

Whether talc is carcinogenic or not is still controversial in the medical field. According to the current research results, it is still unknown whether a definite conclusion can be drawn.

An epidemiological study of African-American women published by the American Association for Cancer Research in 2016 found an increased risk of invasive epithelial ovarian cancer among African-American women who used talcum powder privately, the New York Times reported. Studies have also shown that talc particles may cause inflammation when inhaled into the human body.

But another long-term follow-up study did not prove a link between talcum powder and ovarian cancer. The National Cancer Institute said in a study published on its official website that the available evidence is insufficient to prove the relationship between talc powder and ovarian cancer.

However, talc powder raw materials will be accompanied by asbestos impurities, and asbestos has been recognized as a carcinogen by the international community. Therefore, when talc powder is used as cosmetics raw materials, all countries and regions will strictly control its asbestos residues.

The General Administration of Food and Drug Administration has issued relevant requirements on talc powder products, stipulating that asbestos should not be detected in talc powder, and that powder should be kept away from nose and mouth in the production and use of powder products.

Source of this article: Peng Mei News Responsible Editor: Li Wan_B11284