Federal Appeals Court Mulls Talc-Asbestos Cases

Johnson & Johnson should not have to reimburse stockholders for talc-asbestos cross-contamination losses, according to court documents.

New Jersey federal Judge Zahid Quraishi certified the class in December 2023, finding that the class period concluded when Reuters published a Dec. 14, 2018, exposé examining internal J&J documents showing the company knowingly hid instances of asbestos contamination in its products.

That exposé, along with five prior partial corrective disclosures, directly correlated with ensuing declines in J&J stock valuation, Quraishi ruled. Thus, Quraishi wrote, J&J’s purported falsehoods created a price impact on the investors’ assets, allowing the class action to proceed.

In a hearing before a panel of the Third Circuit Court of Appeals, J&J lawyers argued that the Reuters “exposé” simply repeated information that had been published a year earlier. So, during the hearing, the panel wrestled with a simple question: what qualifies as new information?

Simultaneously, J&J is also awaiting a decision in bankruptcy court that could force a settlement for tens of thousands of mass tort litigants who say the company’s baby powder caused them to develop ovarian and other cancers, preventing them or future individuals from seeking justice in court.

As of March 2025, over 62,000 plaintiffs are demanding compensation from J&J’s subsidiary J&J Consumer Inc.

Talc, a baby soft mineral, is a common softening ingredient in cosmetic and other consumer products. Asbestos, one of the most durable minerals in the world, is a fireproof substance commonly used as an insulator. On the surface, these two minerals have little in common. But below the surface, and we mean below the surface, the answer is different.

Below the surface, and we mean below the surface of the earth, talc and asbestos are a bit like salt and pepper. S&P are almost always together on the table. A&T are almost together in the same mine. Asbestos and talc have similar chemical compositions.

So, cross-contamination is a constant hazard. To continue with the salt and pepper analogy, a few grains of pepper might sneak inside a salt shaker. Or, in this case, a few asbestos fibers might sneak into a bottle of talcum powder.

Occasional exposure to such a low level of asbestos usually is not hazardous. But for decades, Johnson & Johnson aggressively marketed talcum powder to women, mostly non-white women. As a result of this marketing, women (mostly non-white women) bought talcum powder in droves.

The handful of asbestos fibers in each bottle migrated through the victim’s fallopian tubes and into the ovaries, where they mutated cells, causing ovarian cancer.

Evidence indicates that J&J executives knew about asbestos cross-contamination in the 1970s, but the company did nothing to correct the problem. Now, those chickens have come home to roost, in the form of liability actions. Tens of thousands of victims have already come forward, and according to top asbestos lawyers, these victims may only be the tip of the iceberg.

Negligence actions are the go-to options in most talc-asbestos cross-contamination cases. These filings basically state that Johnson & Johnson negligently failed to warn customers about all known health risks.

Compensation in a civil case usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. An asbestos exposure lawyer can also obtain substantial punitive damages in such cases. J&J, one of the wealthiest corporations on the planet, knowingly sacrificed women’s health so the company’s profits would not drop.

The statute of limitations, which is normally two years, normally is not a problem in asbestos exposure matters. The statute of repose, which is active in some states and is normally 10 years, is a serious problem in these matters. The SOR cuts off construction defect claims as a matter of law.

Alternatives are available in these situations, such as Social Security Disability. Usually, SSD benefits, which include monthly cash and Medicaid membership, are available if the applicant has a permanent disability.

Mesothelioma victims need and deserve significant compensation. For a confidential consultation with an experienced nationwide mesothelioma lawyer , contact the Throneberry Law Group. Virtual, home, and hospital visits are available.