A number of cosmetic (makeup) products – such as blush, eyeshadow, foundation, and liquid makeup – contain talc. In recent years, every major cosmetics manufacturer has been sued for alleged contamination of talc-containing products with asbestos. The plaintiffs assert that they have a well-founded fear that they will develop mesothelioma (which is caused only by inhalation of asbestos fibers) years from now and will require regular testing into the indefinite future.
The original talc/asbestos litigation was, of course, the Johnson & Johnson (J&J) baby powder litigation, which has been going on since 2013. In these cases, women who had used J&J baby powder in the perineal area for decades claimed that the powder was contaminated with asbestos and caused them to develop ovarian or other gynecologic cancers (most cases) or mesothelioma (a small proportion of cases). In light of the relatively new makeup litigation, a brief review of the J&J litigation seems in order.
Over 62,000 lawsuits had been filed against J&J as of December 2024. The plaintiffs contend that the talc used in J&J baby powder was contaminated with asbestos, that the company was aware of this as early as 1970 but concealed that information, and that the asbestos (which is a known carcinogen) caused them to develop cancer. J&J denies liability and has vigorously defended all claims. It asserts that its talc was never contaminated with asbestos, that there were other causes for the plaintiffs’ gynecologic cancers, and that the testimony of plaintiffs’ experts was based on “junk science.”
J&J has faced mixed results at trial, with some significant plaintiff verdicts that included massive punitive damage awards. Some plaintiff verdicts were reduced or overturned on appeal. In 2018, a Missouri jury ordered Johnson & Johnson to pay $4.69 billion to 22 women who claimed their ovarian cancer was caused by the company's talcum powder. The verdict included $4.14 billion in punitive damages. The Missouri Supreme Court reduced the award to $2.11 billion.
In light of the ongoing risk of large verdicts against it, in May 2024 J&J proposed a $6.475 billion global settlement to resolve all the remaining ovarian cancer lawsuits. It subsequently added an additional $1.1 billion to the offer. The settlement does not affect the mesothelioma lawsuits, most of which J&J has settled separately.
As of 2023, J&J’s powder products (baby powder, Shower to Shower) are based exclusively on cornstarch instead of talc.
