Johnson & Johnson (the company) has reached an agreement for a comprehensive resolution of the remaining talc litigation with the plaintiff firms leading the federal Multi-District Litigation (MDL) and related state court proceedings.
The resolution is conditioned on the express participation of at least 95% of the remaining claims, among other things. The proposed resolution follows a favourable ruling by the MDL court, and acknowledgment by plaintiffs’ counsel, regarding plaintiffs’ inability to prove that Johnson & Johnson’s talc products caused any particular claimant’s ovarian cancer (‘specific causation’).
Erik Haas, Worldwide Vice President of Litigation at Johnson & Johnson, commented: “After decades of litigation and full vetting of the science in an extensive hearing, plaintiffs effectively conceded their inability to prove specific causation by withdrawing their experts on the topic in two bellwether cases.
“In a watershed moment, the Court thereafter ordered plaintiffs to show why the remaining claims should not be dismissed, confirming what we have maintained for years: that these claims lack scientific merit and were sustained only by unreliable expert opinions that could not survive rigorous judicial review. The Court’s order placed plaintiffs in an untenable position of having to present specific causation evidence to maintain their claims that does not exist.
“While we are confident the company would have ultimately prevailed with further litigation, as it has in the vast majority of cases tried to date, this resolution allows the company to put this matter behind it and remain focused on its mission to develop medicines and devices that save lives.”
The MDL Court’s recent specific causation ruling confirmed the company’s longstanding position that these claims lack scientific merit.
The proposed resolution constitutes an efficient conclusion to the talc litigation.
The resolution calls for per claim payments, with a $5.5bn commitment by Johnson & Johnson and the first payment of no more than $3bn to be made in 2027 and no additional payments due before 2028.
Johnson & Johnson has previously settled about 95% of filed mesothelioma lawsuits, all State consumer protection claims and all talc-supplier disputes.
As part of a worldwide portfolio assessment, Johnson & Johnson made the commercial decision to discontinue talc-based Johnson’s Baby Powder globally in 2023. Additionally, Johnson & Johnson separated its consumer health business, Kenvue, in August 2023.
Research, clinical evidence, and decades of studies by independent medical experts around the world continue to support the safety of cosmetic talc. Additional information on the company’s position and the science supporting the safety of talc is available at www.FactsAboutTalc.com.