When other plaintiffs want to join a multi-district litigation (MDL) case, they sometimes submit what’s called a short-form complaint that makes reference to the MDL case rather than lay out its claims in full. This class action offers one such short-form complaint, against Johnson & Johnson and Johnson & Johnson Consumer, Inc. The larger, MDL case is known as In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Product Liability Litigation, MDL No 2738.
The lead case for the MDL case has an amended complaint that asserts, on its first page, that the action comes from the diagnosis of the plaintiff, Barbara Ross, with ovarian cancer in December 2014.
The cause, the amended complaint alleges, was Ross’s use of talcum powder in Johnson & Johnson’s Baby Powder and Shower to Shower. It blames the defendant companies, including Johnson & Johnson, for “negligent, willful, and wrongful conduct in connection with” the products. Also named as a defendant is Imerys Talc America, Inc., which mines and distributes talc.
The main ingredient in talcum powder is talc, which the amended complaint alleges is a known carcinogen. It cites a 1982 study on the use of talc in the female genital area which showed a 92% increase in ovarian cancer with such use.
The amended complaint says, “Since 1982, there have been approximately twenty-two (22) epidemiologic studies providing data regarding the association of talc and ovarian cancer. Nearly all of these studies have reported an elevated risk for ovarian cancer associated with genital talc use in women.”
Other studies are also cited, including 1983 study that showed a 150% increase in the risk of ovarian cancer with such use.
In November 1994, the Cancer Prevention Coalition sent a letter to the then CEO of Johnson & Johnson, telling him of the studies and that they “show[] conclusively that the frequent use of talcum powder in the genital area pose[s] a serious health risk of ovarian cancer.” The letter requested that the company take its talc products off the market and begin using cornstarch, which is similar in its properties but is not associated with ovarian cancer.
The amended complaint says, “In 1996, the condom industry stopped dusting condoms with talc due to the growing health concerns.” Also, in February 2006, the International Association for the Research of Cancer classified the perineal use of talc as a “Group 2B” human carcinogen.
Thus, it says, Johnson & Johnson was warned that talc presented risks.
The short-form complaint was filed by plaintiff Beryl Pennant, in representation of Chantelle Gooden, deceased. It cites “injury to herself,” “wrongful death,” and “economic loss.”
Among the claims checked off by the short form are product iiablity—strict liability—failure to warn and defective manufacture and design; breaches of warranties; negligence; fraudulent concealment; and wrongful death, among other things.
Article Type: LawsuitTopic: Death
Most Recent Case Event
Johnson & Johnson Talcum Powder and Ovarian Cancer Short-Form Complaint
May 1, 2020
When other plaintiffs want to join a multi-district litigation (MDL) case, they sometimes submit what’s called a short-form complaint that makes reference to the MDL case rather than lay out its claims in full. This class action offers one such short-form complaint, against Johnson & Johnson and Johnson & Johnson Consumer, Inc. The larger, MDL case is known as In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Product Liability Litigation, MDL No 2738.
Johnson & Johnson Talcum Powder and Ovarian Cancer Short-Form ComplaintCase Event History
Johnson & Johnson Talcum Powder and Ovarian Cancer Short-Form Complaint
May 1, 2020
When other plaintiffs want to join a multi-district litigation (MDL) case, they sometimes submit what’s called a short-form complaint that makes reference to the MDL case rather than lay out its claims in full. This class action offers one such short-form complaint, against Johnson & Johnson and Johnson & Johnson Consumer, Inc. The larger, MDL case is known as In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Product Liability Litigation, MDL No 2738.
Johnson & Johnson Talcum Powder and Ovarian Cancer Short-Form ComplaintJohnson & Johnson Talcum Powder and Ovarian Cancer Lead Complaint
November 17, 2016
When other plaintiffs want to join a multi-district litigation (MDL) case, they sometimes submit what’s called a short-form complaint that makes reference to the MDL case rather than lay out its claims in full. This class action offers one such short-form complaint, against Johnson & Johnson and Johnson & Johnson Consumer, Inc. The larger, MDL case is known as In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Product Liability Litigation, MDL No 2738.
Johnson & Johnson Talcum Powder and Ovarian Cancer Lead Complaint