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Thousands of people in Britain are taking legal action against pharmaceutical giant Johnson & Johnson, alleging the company knowingly sold asbestos-contaminated talcum powder.
At least 3,000 claimants claim they or a family member contracted ovarian cancer or mesothelioma from the use of Johnson’s Baby Powder, and are now seeking damages in the High Court in London.
Lawyers for the group said in court documents filed on Thursday that Johnson & Johnson, its current and former subsidiaries Johnson & Johnson Management and Kenview UK should be held liable.
He said J&J “hid” the risks from the public for decades and has now replaced talc in its baby powder with corn starch in the UK from 2023.
A spokesman for Kenview, formerly part of J&J, said the talcum used in baby powder meets regulations, does not contain asbestos and does not cause cancer.
Talc is a naturally occurring mineral that is extracted from the earth.
Michael Rawlinson Casey, for the group of people bringing the claim, said in court documents that “very few, if any, commercially exploited talcum deposits exist in the world that do not contain asbestos and all of the mines supplying the defendants contain asbestos”.
He also said that reports from such mines, as well as existing scientific literature as well as its own research, would have informed J&J about asbestos contamination.
Despite this, the company “suppressed information that might indicate that the baby powder was contaminated with asbestos”, the barrister said.
He also said that J&J “lobbied regulators” to enable continued sales of its product and sponsored studies in an effort to “minimize threats” to human health.
J&J therefore “acted in bad faith to protect Baby Powder’s reputation and ability to make profits and the goodwill associated with their name”, Mr Rawlinson said.
Janet Fuschillo, one of the people involved in the case, said she had used J&J’s baby powder since the 1960s and was diagnosed with ovarian cancer seven years ago.
The 75-year-old man said: “I used talcum on myself and all four of my children because we were told it was pure, and it was good for you.
“I use talcum powder all the time, every time I change a nappy after a bath, for about 50 years.
“It is a source of great concern and anger that I used talcum powder on my children.
Patricia Engel said that her husband Edward died in 2006 at the age of 64, just weeks after being diagnosed with mesothelioma.
He described him as a “perfectly fit, healthy man” who worked as an electrician and knew about asbestos.
He said: “When he fell ill the doctors asked him if he had ever been exposed to asbestos and he told them he had never been exposed to asbestos.
“He would come home from work every day and shower and use J&J’s talcum powder.
“But they always used it because we were told that, you know, it’s pure.
“Edward’s autopsy report mentioned talc, as well as strains of asbestos found in contaminated talc.”
She said her husband was “robbed” of 19 years of her life, while her children were robbed of their father.
According to the NHS, mesothelioma, a form of cancer, is almost always caused by exposure to asbestos, and it usually forms in the lungs after people inhale the microscopic fibres.
Mr Rawlinson said the method of applying baby powder – squeezing or shaking the bottle – meant that “clouds” of the powder remained suspended in the air “for a very long time after use” and were inhaled by the person using it.
A Kenview spokesperson said: “We deeply sympathize with those affected by cancer.
“We understand that they and their families want answers – that’s why the facts are so important.
“The safety of Johnson’s Baby Powder is backed by years of testing by independent and leading laboratories, universities and health authorities in the UK and around the world.
“The high-quality cosmetic grade talc used in Johnson’s Baby Powder conformed to any required regulatory standards, did not contain asbestos, and does not cause cancer.”