Pharmaceutical giant Johnson & Johnson agreed to pay $700 million spread across 43 states to settle allegations it deceptively marketed talcum powder products as safe for women, New Jersey Attorney General Matthew J. Platkin announced Tuesday.
The agreement will send $30.2 million to New Jersey and is pending judicial approval in the Chancery Division of Superior Court in Mercer County.
“The company blatantly promoted the products as safe and pure while possessing internal information about a carcinogen and while ignoring mounting external evidence about possible health effects,”Platkin said Tuesday. “I am gratified that we achieved this settlement for the sake of many consumers who were injured by Johnson & Johnson’s actions. This is an egregious betrayal of consumer trust that never should have happened.”
New Jersey was part of the lawsuit that alleged Johnson & Johnson marketed Baby Powder and Shower to Shower Powder as safe for daily use, including around the genitals, while knowing that studies and other information showed that the products were occasionally tainted with asbestos.
The lawsuit alleged that women who used the talc-based products in the genital area had increased risks of ovarian cancer compared to those who did not.
“Consistent with the plan we outlined last year, the Company continues to pursue several paths to achieve a comprehensive and final resolution of the talc litigation,” Worldwide Vice President of Litigation at Johnson & Johnson, Erik Haas said Tuesday. “That progress includes the finalization of a previously announced agreement that the Company reached with a consortium of 43 State Attorneys Generals to resolve their talc claims. We will continue to address the claims of those who do not want to participate in our contemplated consensual bankruptcy resolution through litigation or settlement.”
Under the agreement, Johnson & Johnson did not admit to violating any laws or regulations and will end the use of talcum powder in its products, officials said.
Johnson & Johnson faces a host of lawsuits relating to the inclusion of talcum powder in its products.
In April 2023, the company earmarked almost $9 billion to settle claims that its talc-based baby powder caused cancer, more than quadrupling the $2 billion figure the company previously proposed.
That proposal included the re-filing of Chapter 11 bankruptcy of a company subsidiary, LTL Management and would pay out the settlement funds over 25 years. The higher settlement figures were proposed to cover over 60,000 parties who filed lawsuits alleging harm from talc products the company sold.
A previous $223 million judgement against the company regarding talc products that four plaintiffs claimed caused cancer was overturned in October 2023 by an appeals court.
On May 1, Johnson & Johnson proposed a “prepackaged” reorganization in bankruptcy court that offered $6.475 billion to settle over 99% of remaining cancer claims related to its talc products.
The company said in May it already had an agreement in principal with states regarding consumer protection claims, and would settle the remaining mesothelioma claims separately.
“The Plan is the culmination of our consensual resolution strategy that we announced last October,” Haas said in May. “Since then, the Company has worked with counsel representing the overwhelming majority of talc claimants to bring this litigation to a close, which we expect to do through this plan.”
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Matthew Enuco may be reached at Menuco@njadvancemedia.com. Follow Matt on X
