Who Is Eligible To Join The Talcum Powder Lawsuit? – Forbes

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Product liability lawsuits for talc-based products, including talcum powder, are netting plaintiffs significant verdicts and settlements. Plaintiffs allege they contracted mesothelioma as well as ovarian, fallopian tube, cervical, lung and peritoneal cancer from exposure to baby powder containing asbestos.

They also claim that baby powder manufacturers knew their products contained asbestos—a known carcinogen—but failed to warn consumers about the health risks. Some suits argue that exposure to talcum powder without asbestos contamination can still cause cancer.

To be eligible to file a talcum powder lawsuit, you will need to show a documented history of talcum powder use, a diagnosis of a related illness and a connection between your use of talcum powder and your disease.

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Eligibility Information

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If you’re thinking about filing a lawsuit over injuries from exposure to talcum powder, here’s information about eligibility you should know:

  • Plaintiffs have sued manufacturers, distributors and retailers of talcum powder products nationwide.
  • Suits have been filed in all 50 states alleging that manufacturers knew their talcum powder products contained asbestos but failed to warn consumers.
  • Individuals usually file talcum powder product liability suits, but class actions on behalf of many claimants have also been brought. More than 50,000 individual claims with similar circumstances are consolidated for pretrial proceedings in talcum powder multidistrict litigation (MDL) in a federal New Jersey court.
  • Litigation is ongoing, but you may have heard that Johnson & Johnson (J&J) agreed in January 2024 to pay more than $700 million to settle talcum powder claims. However, the J&J settlement applies to investigations launched by more than 40 states into the company’s marketing of talcum powder products. The settlement only resolves suits filed in state courts alleging the company hid the cancer risk of its talcum powder products from consumers.


Eligibility to File Suit

Someone who suffers an injury or loss due to a defective product can file a product liability lawsuit. Guidelines for product liability claims vary by state, so an attorney in your state should be consulted.

Product liability usually stems from one of three types of defects: design, manufacturing or marketing. Depending on the state, a plaintiff filing a product liability suit will likely have to assert a claim for one of the following:

  • Negligence is defined in the product liability context as the careless or reckless actions of a product developer, manufacturer, distributor, or seller that cause harm.
  • Strict liability holds that defendants are responsible when the design, manufacture, marketing or sale of a product causes injury to a plaintiff.
  • Breach of warranty occurs when the product fails to work as guaranteed; this could also be considered a breach of contract claim.

People who used talcum powder products and developed mesothelioma, ovarian cancer or other types of cancer may be eligible to file a talcum powder product liability suit.

For example, in ovarian cancer lawsuits, women must have used the talcum powder product around the general cancer area almost daily, usually for four or more years, before developing ovarian cancer. Women must be diagnosed with ovarian cancer after the year 2000 between the ages of 22 and 65.

For mesothelioma suits related to talc-based products, the plaintiff may claim exposure to cosmetic products, such as baby powder or industrial-grade talc, including clay, paper, paint, ceramics, adhesive materials and crayons.

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Value of a Talcum Powder Claim

Settlements and jury awards for an individual’s claim that exposure to talcum powder caused their cancer can range from thousands of dollars to millions according to their circumstances, which includes the severity of their injuries and medical bill costs.

Multi-million dollar payouts are possible. In 2023, a jury decided J&J must pay $18.8 million to a California man who developed mesothelioma after using J&J’s baby powder regularly since he was a child.

Have You Been Diagnosed With Cancer After Using Talcum Powder?

You may be eligible for significant compensation. Get your free case review today.
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See If You Qualify


Frequently Asked Questions (FAQs)

Some baby powders contain cornstarch instead of talc. Can I still sue a baby powder manufacturer?

Users of baby powders that do not contain talc are not eligible to file suit alleging injuries from talc-based powders.

What other talcum powder product manufacturers have been sued besides Johnson and Johnson?

Other companies in talcum powder lawsuits include Colgate-Palmolive; Imerys Talc North America; Whittaker, Clark & Daniels and Vanderbilt Minerals.

How does an attorney prove that I used talcum powder?

An attorney may ask you to answer questions verbally and in writing about how often and for how long you used a specific baby powder brand and where on your body you used the baby powder. Witnesses may also be asked to confirm your testimony.

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