J&J, Kenvue Ordered to Pay $45M to Family of Baby Powder User
Johnson & Johnson and Kenvue Inc. have been ordered to pay $45 million to the family of a woman from Illinois who passed away after alleging that the companies’ baby powders caused her fatal cancer. This verdict marks the first against the company in a decade-long legal battle over the product.
A jury in Chicago determined that the company bore 70% responsibility for Theresa Garcia’s death from mesothelioma, a cancer linked to asbestos exposure. Her family claimed that both J&J and Kenvue’s predecessor knowingly sold talcum-based baby powder contaminated with asbestos. The remaining 30% of the verdict was attributed to J&J and one of its units.
J&J has consistently denied that its talc-based products can cause cancer, maintaining that it has responsibly marketed its baby powder for over a century. Kenvue, now the distributor of the product, confirmed earlier that it no longer produces or sells talc-based baby powder.
Despite the verdict, both J&J and Kenvue plan to appeal. J&J’s litigation head emphasized their confidence in prevailing, citing what they view as erroneous rulings by the trial court.
The legal battle comes amidst J&J’s strategic shift to focus on its pharmaceutical business by divesting lower-margin consumer units like Kenvue. The spinoff generated substantial cash for J&J. As part of the separation, Kenvue obtained an indemnity agreement from J&J for talc liabilities in North America.
Garcia’s family had faced delays due to J&J’s legal maneuvers, including attempts to settle talc cases through bankruptcy court. Only after these attempts were dismissed did the family get their day in court.
In a related case in Florida, a jury rejected claims that J&J’s baby powder caused ovarian cancer. J&J hailed the verdict as confirmation of talc’s safety.
Garcia’s family maintains that she used J&J’s talc-based baby powder for years, alleging that the company knew about asbestos concerns but failed to warn consumers.
Despite legal challenges, J&J reported strong earnings recently, signaling progress towards profitability post-Kenvue spinoff.
In essence, this legal saga underscores the ongoing debate over the safety of talc-based products and highlights the complexities surrounding corporate responsibility and consumer health.
