A U.S. bankruptcy judge has rejected Johnson & Johnson’s $8 Billion talc settlement, blocking the company’s latest attempt to resolve lawsuits involving asbestos-contaminated talcum powder and ovarian cancer.
The settlement, which would have been paid out over 25 years to current and future ovarian cancer victims, was struck down due in part to concerns over how plaintiff votes in favor of J&J’s plan were collected.
This marks the company’s third failed attempt using the controversial Texas “two-step” bankruptcy strategy, which involved:
- J&J creating a subsidiary called Red River Talc LLC that takes on the company's talc-related lawsuits
- The subsidiary filing for Chapter 11 bankruptcy and forcing a settlement on claimants
With the settlement rejected, talcum powder lawsuits against J&J may now proceed in court. Many felt the $8 Billion offer wasn’t nearly enough for all those impacted — but an individual settlement or trial verdict may offer more meaningful outcomes.
There’s still time to pursue talcum powder compensation. Find out more about why the J&J settlement was denied and if our talc powder lawyers can fight for you.
Johnson and Johnson Bankruptcy Update
Over 62,000 talc-related lawsuits have been filed against Johnson & Johnson, with around 99% of these claims involving ovarian cancer.
In May 2024, J&J proposed a multibillion-dollar settlement for lawsuits alleging the company's talc products caused ovarian cancer. Over 75% of plaintiffs reportedly voted to accept the deal, allowing the company to move forward with their bid for asbestos bankruptcy trusts.
However, a judge rejected J&J’s settlement proposal because:
- The company isn’t in financial distress and doesn’t belong in bankruptcy
- The plan shielded companies from liability that hadn’t filed for bankruptcy, including retailers and the health company Kenvue
- There were flaws in the votes for J&J’s proposal, like lawyers voting on behalf of clients without being authorized to do so
- Not enough women with ovarian cancer were in support of the plan
Multiple government agencies had voiced concerns that J&J’s bankruptcy plan would have prevented them from getting reimbursed for care provided to talc victims through government-funded programs, like Medicare and Medicaid.
Johnson & Johnson does not plan to appeal the judge’s decision, meaning that talc ovarian cancer claims can now proceed in state courts and through the multidistrict litigation (MDL).
“J&J’s bankruptcy strategy was nothing more than a bad-faith maneuver to avoid full accountability,” said one talc attorney. “With this ruling, we are now moving forward without delay to trial, where our clients will finally have the chance to present their cases before a jury and obtain the justice they deserve.”
Asbestos in Talcum Powder: Is Talc Safe?
For decades, consumers were told talcum-based baby powder was safe for use. The mineral talc is effective in absorbing moisture, making it a popular addition to cosmetic and personal hygiene routines.
However, talc is often contaminated with asbestos because the minerals naturally form in close proximity. Even with safe mining practices, it’s often unknown whether the talc has been contaminated until much later.
Any talc that contains asbestos is also considered carcinogenic, according to the International Agency for Research on Cancer.
As some frequent talcum powder users developed serious illnesses, many families began to take legal action over this household staple.
Johnson & Johnson talc lawsuits claim the powder caused various cancers, including:
- Mesothelioma
- Ovarian cancer
- Lung cancer
- Stomach cancer
- Uterine cancer
The company has offered mesothelioma settlements in around 95% of cases involving this asbestos cancer and their talc products. Settlements for mesothelioma award $1 Million to $1.4 Million on average.
While J&J continues to argue that talcum powder is safe, the company discontinued its talc-based powders and switched to corn starch alternatives in 2023.
A Long History of J&J Dodging Accountability
The latest Johnson & Johnson talcum powder lawsuit settlements come after years of the company avoiding accountability for their dangerous products.
Unfortunately, Johnson & Johnson executives knew of the potential risks linked to their talc products but hid this information from the public and halted internal safety studies.
For years, the company silently settled thousands of talc lawsuits while refusing to admit wrongdoing:
- October 2019: The U.S. Food and Drug Administration (FDA) detected asbestos in J&J’s baby powder. Despite efforts to dispute the FDA findings, the company recalled thousands of baby powder bottles from shelves.
- February 2021: J&J set aside $3.9 Billion for victims of their dangerous talcum powder. However, as the number of lawsuits against them continued to grow, the company put victims and their families through multiple legal hurdles in an effort to avoid liability.
- July 2021: Johnson & Johnson was ordered to pay $2.12 Billion to 22 women who claimed their ovarian cancer diagnoses were linked to asbestos in the company’s baby powder and talc products.
- October 2021: J&J attempted to avoid the lawsuits against them by pushing 38,000 talc lawsuits to bankruptcy court, a process known as the Texas two-step. This process was blocked by an appeals court, which claimed J&J and their subsidiaries had plenty of money to cover the claims against them.
- April 2023: The company offered to pay nearly $9 Billion to settle talcum powder lawsuits filed by victims who developed cancer from the company's talc products. This settlement offer was rejected by the courts for being too low.
- June 2024: Johnson & Johnson was ordered to pay $260 Million to an Oregon woman with mesothelioma who claimed the company’s talc products caused her condition. However, this verdict was later appealed and overturned in September, with a new trial pending.
- July 2024: A federal supreme court blocked J&J's second attempt at bankruptcy to shed the thousands of talc ovarian cancer claims against the company, affirming an earlier loss.
- August 2024: J&J has allegedly received the 75% of votes needed for their bankruptcy proposal. However, attorneys believe this won’t stand up in court.
- September 2024: Johnson & Johnson’s subsidiary has filed for bankruptcy for a third time. The company increased their talc ovarian cancer settlement offer to $8 Billion in hopes of addressing concerns that previous offers were insufficient and securing court approval.
Despite this legal history and J&J’s settlement offer, the company still states their products don’t cause cancer, claiming the links between talc and cancer “lack scientific merit.”
Evidence tying ovarian cancer to asbestos in talcum powder was presented to the court, which the company pushed back against. J&J’s subsidiary LTL Management attempted to discredit Dr. Jacqueline Moline’s research on asbestos in talc, but the case was recently dismissed.
They failed to prove her findings were factually incorrect, further fueling concerns over the safety of J&J’s talcum powder products.
Stay up to date on all the latest talcum powder settlements and lawsuit updates.
Get Help Filing a Talc Cancer Lawsuit
If you or a loved one used talc-based baby powder and was diagnosed with cancer, now is the time to act. You may be eligible for compensation from a Johnson & Johnson talcum powder lawsuit.
For over 45 years, Sokolove Law has fought to hold powerful corporations like Johnson & Johnson accountable for the harm they’ve caused. We’ve already secured over $9.8 Billion total for clients nationwide.
Our talcum powder cancer lawyers can help you get the compensation you deserve — at no out-of-pocket cost to you.
Call (800) 647-3434 now or fill out our contact form to get started with a free legal case review.
