“What is Product Liability and How Does It Affect My Talcum Powder Cancer Claim?”
Johnson & Johnson, one of the world’s largest manufacturers of talc-based powder products, is currently facing thousands of talcum powder product liability lawsuits over its popular talc-based baby powder.
On October 5, 2020, Johnson & Johnson agreed to a $100 million settlement to resolve more than 1,000 lawsuits alleging that the company’s talc-based baby powder caused cancer. This payout is the first settlement the company has reached in over four years’ worth of talcum powder product liability litigation and more than 20,000 lawsuits alleging its baby powder causes cancer.
Numerous studies have linked baby powder products containing asbestos-contaminated talc to several kinds of cancers, including:
- Mesothelioma
- Ovarian cancer
- Endometrial Ovarian cancer
Given the onslaught of multi-million-dollar litigation against Johnson & Johnson for its allegedly cancer-causing baby powder, many potential claimants are asking, “What is product liability and how does it affect my talcum powder cancer claim?”
In this blog post, we explain the nuts and bolts of product liability law and how it may impact your talcum powder cancer claim or lawsuit.
Talcum Powder and Product Liability: What’s the Connection?
If you’re wondering “What is product liability and how does it affect my talcum powder cancer claim?”, here’s what you need to know:
What is Product Liability?
A product liability claim allows product manufacturers and retailers to be held liable for a broad variety of defects in their products. Experienced product liability attorneys will generally allege one of several broad categories of product defects, including:
- Design defects
- Manufacturing defects
- Insufficient consumer warnings
For example, when a company is aware that their product is dangerous or contains certain defects, but fails to warn consumers of this risk on the product’s label, a court may find the company liable under the principle of product liability.
This is the concept that forms the foundation of product liability claims against Johnson & Johnson for its asbestos-contaminated baby powder.
Product Liability and the Theory of Negligence
Product liability claims may also be based on a theory of negligence. If you can prove that a manufacturer was negligent or careless in causing your product-related injuries, a court may award you compensation for your injuries.
For example, if a drug manufacturer was aware that its drug caused potentially serious side effects, like cancer, but failed to inform consumers of this risk in order to keep reaping profits, a court could find this act negligent and require the manufacturer to compensate consumers for their damages.
Product Liability Claims Against Johnson & Johnson Talcum Powder
It is alleged that talc-based product manufacturers, like Johnson & Johnson, have been aware for decades that their talcum powder products were potentially contaminated with asbestos and increased consumers’ risks of developing certain cancers.
However, despite these warnings, recent FDA baby powder recalls, and thousands of lawsuits, companies like Johnson & Johnson continued for decades to sell talc-based baby powder, potentially exposing hundreds of thousands of women and children to an increased risk of cancer for over 50 years.
Because many talc powder manufacturers, including Johnson & Johnson, have failed to adequately label their products to explain how using talcum powder for feminine hygiene care may increase the risk of cancer, these companies may be held liable under a product liability theory of tort for the damages caused to consumers.
Furthermore, recent baby powder lawsuits against Johnson & Johnson have claimed that the company has specifically advertised their baby powder for use in a way that the company knew was dangerous. Use of the talcum powder in the genital area has been shown to increase the risk of ovarian cancer in women anywhere from 20 to 90 percent.
Have You Suffered Cancer After Using Johnson & Johnson Baby Powder?
Our product liability attorneys have extensive experience holding manufacturers responsible for failing to warn consumers about dangerously defective products.
If you have been exposed to asbestos-contaminated talcum powder and have developed ovarian cancer or endometrial ovarian cancer, please call 1-800-525-7111 for a FREE, no-obligation consultation about a potential baby powder cancer claim.
IMPORTANT: As of August 2023, we can no longer accept claims involving mesothelioma potentially linked to talcum powder, only those involving ovarian cancer or endometrial ovarian cases, due to developments in this litigation.
Riddle and Brantley’s experienced product liability attorneys have helped many clients recover significant compensation for medical injuries and expenses related to dangerous products.
If you think your cancer is linked to your previous use of talcum powder, our baby powder cancer attorneys can help you understand state and federal product liability laws to clarify the elements of your claim for compensation.
Please call 1-800-525-7111 for a free consultation with a product liability lawyer handling Johnson & Johnson baby powder cancer claims.
“Do I qualify to file or join a Johnson & Johnson talcum powder lawsuit?”
Our product liability attorneys are currently reviewing talcum powder cases and are available for a free and no-obligation consultation. If you or a loved one developed cancer after using talcum powder, we may be able to represent you in a talcum powder lawsuit if you meet the following criteria:
- You used baby powder or talcum powder continuously for 4 or more years in the general area
- You were diagnosed with ovarian cancer or endometrial ovarian cancer
- You received your cancer diagnosis in 2009 or later
- You used talcum powder before menopause
IMPORTANT: As of August 2023, we can no longer accept claims involving mesothelioma potentially linked to talcum powder, only those involving ovarian cancer or endometrial ovarian cases, due to developments in this litigation.
Our experienced talcum powder lawyers are ready to fight on your behalf to hold manufacturers like Johnson & Johnson liable under a theory of product liability for their potential negligence.
If asbestos-contaminated baby powder caused your cancer, you deserve justice and you may have a claim against Johnson & Johnson for compensation.
Please call 1-800-525-7111 today and let an experienced baby powder cancer lawyer review your claim.
Justice Counts for those injured due to potentially dangerous products like Johnson & Johnson talcum powder and our product liability attorneys would love to help you seek the justice and compensation you deserve if we can.
Call 1-800-525-7111 today and let’s review your claim.
Christina Stone is an attorney at Riddle & Brantley handling product liability cases, including Johnson & Johnson baby powder cancer claims. She earned her Juris Doctorate degree from the University of North Carolina School of Law in Chapel Hill, North Carolina, where she served on the prestigious North Carolina Law Review.
*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.