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Walmart Sells Talcum Powder Containing Asbestos New York Class Action

Johnson & Johnson’s Baby Powder, a talcum powder, has been the subject of thousands of cases against J&J, alleging it causes cancer. The complaint alleges, “Due to the overwhelming number of cancer claims and lost legal battles, J&J stopped selling the Product in the United States and Canada in May 2020.” But Walmart, Inc., the complaint claims, has “continued to sell remaining inventory of the product, notwithstanding the manufacturer’s decision to remove it from stores.”

The class for this action is all New York residents who bought J&J Baby Powder from any Walmart store in New York or ordered it for delivery into New York, during the applicable statutes of limitations.

Talc comes from mines that sometimes contain asbestos as well, so that asbestos can end up in the talc; it is difficult to find completely pure talc, the complaint alleges.

The complaint alleges, “During the past 40 years, scores of medical and scientific studies have shown that long-term use of talcum powder for feminine hygiene increases the risk of ovarian cancer.” How so? The complaint claims, “The studies showed that when used in the genital area, talc can travel into the ovaries and cause chronic inflammation, which has long been associated with cancer development.”

“Asbestos is a highly toxic carcinogen that causes mesothelioma, a cancer that strikes the lungs and other organs[,]” the complaint claims. Asbestos has also been linked to other cancers, including throat, kidney, brain, bladder, voice box, gastrointestinal tract, and gallbladder cancers. The World Health Organization believes there is no safe level of asbestos exposure.

The concerns about asbestos in talcum powder are not new. The complaint alleges, “Internal memos and reports uncovered during the thousands of lawsuits against Johnson & Johnson … by cancer victims revealed the company had been concerned for at least 50 years about traces of asbestos in its talc, and that talcum powder could cause or increase the risk of cancer.”

In recent years, the complaint alleges, “J&J has faced over 19,000 lawsuits alleging its talcum powder caused ovarian cancer and/or mesothelioma, a cancer that strikes the lungs and other organs.” It continues, “Though many cases are on appeal, billions of dollars have been awarded to victims for damages caused by the talcum powder products.”

J&J finally decided to pull the product off the market.

But Walmart has continued to sell the J&J Baby Powder it still has in its inventory, without a single nod to the dangers it apparently poses to its customers. The complaint alleges, “Despite the wealth of scientific research revealing the carcinogenic effects of asbestos and thousands of lawsuits against the Product’s manufacturer elucidating its hazards, [Walmart] continued to market the Product as safe for consumer use.”

At Walmart, no warnings or disclaimer is provided anywhere acknowledging that the product has been shown to contain asbestos and present increased risks of cancer. The complaint alleges, “Through a variety of advertising methods and omissions, [Walmart] made false representations regarding the true nature of the Product.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Walmart Sells Talcum Powder Containing Asbestos New York Complaint

September 2, 2021

Johnson & Johnson’s Baby Powder, a talcum powder, has been the subject of thousands of cases against J&J, alleging it causes cancer. The complaint alleges, “Due to the overwhelming number of cancer claims and lost legal battles, J&J stopped selling the Product in the United States and Canada in May 2020.” But Walmart, Inc., the complaint claims, has “continued to sell remaining inventory of the product, notwithstanding the manufacturer’s decision to remove it from stores.”

Walmart Sells Talcum Powder Containing Asbestos New York Complaint

Case Event History

Walmart Sells Talcum Powder Containing Asbestos New York Complaint

September 2, 2021

Johnson & Johnson’s Baby Powder, a talcum powder, has been the subject of thousands of cases against J&J, alleging it causes cancer. The complaint alleges, “Due to the overwhelming number of cancer claims and lost legal battles, J&J stopped selling the Product in the United States and Canada in May 2020.” But Walmart, Inc., the complaint claims, has “continued to sell remaining inventory of the product, notwithstanding the manufacturer’s decision to remove it from stores.”

Walmart Sells Talcum Powder Containing Asbestos New York Complaint
Tags: Contaminated with Harmful Substances, Deceptive Advertising, Deceptive Labels, Material/Product Containing Asbestos