Published On: Sun, Jul 15th, 2018

Johnson & Johnson To Pay $4.7bn Damages In Talc Cancer Case

Johnson & Johnson has been ordered to pay $4.7bn (£3.6bn) in damages to 22 women who alleged that its talc products caused them to develop ovarian cancer.

Johnson & Johnson

A jury in the US state of Missouri initially awarded $550m in compensation and added $4.1bn in punitive damages.

The verdict comes as the pharmaceutical giant battles some 9,000 legal cases involving its signature baby powder.

J&J said it was “deeply disappointed” and plans to appeal.

Their lawyers alleged the company knew its talc was contaminated with asbestos since the 1970s but failed to warn consumers about the risks.

‘Unfair process’

Talc is a mineral and can sometimes be found in the ground in close proximity to asbestos.

J&J denied that its products ever contained asbestos and insisted that they do not cause cancer.

The US Food and Drug Administration (FDA) commissioned a study of a variety of talc samples, including J&J, from 2009 to 2010. It found no asbestos in any of them.

The prosecution lawyer told the Missouri court that the FDA and Johnson & Johnson had used flawed testing methods.

Why is there any debate?

The mineral talc in its natural form does contain asbestos and does cause cancer, however, asbestos-free talc has been used in baby powder and other cosmetics since the 1970s. But the studies on asbestos-free talc give contradictory results.

What should women do?

The charity Ovacome says the evidence for a link is weak but even if talc does increase the risk of ovarian cancer, studies suggest it would be only by around a third. It stresses this is a small increase in risk and, because ovarian cancer is a relatively rare disease, the increase in risk is small too.

Also, ovarian cancer risk is affected by many different factors – inherited and environmental ones – not just talc alone.

The charity adds: “So even if talc does increase the risk slightly, very few women who use talc will ever get ovarian cancer. Also, if someone has ovarian cancer and used talc, it seems unlikely that using talc was the reason they developed the cancer.”

Record verdict

The verdict is the largest payout J&J has faced over the allegations.

Punitive damages are often reduced by the trial judge or on appeal, and J&J has succeeded in having several jury verdicts overturned, some of them on technical grounds.

Johnson & Johnson said: “Every verdict against Johnson & Johnson in this court that has gone through the appeals process has been reversed and the multiple errors present in this trial were worse than those in the prior trials which have been reversed.”