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| Photo by: Drugwatch |
For years, medical professionals knew that talcum
powder was dangerous for babies and children to breathe. Now women claim in
lawsuits that the fine-powder products gave them ovarian cancer. They’re taking
action against Johnson & Johnson, the pharmaceutical giant and talcum
powder distributor.
Talcum
Powder and Ovarian Cancer
Pharmaceutical giant Johnson & Johnson finds
itself the subject of two class-action lawsuits filed in 2014, both of which
claim the company is responsible for giving women ovarian cancer through its
high-selling talcum powder products, Johnson’s Baby Powder and Shower to
Shower.
The class-action filings came one year after South
Dakota resident Deane Berg won her legal claim that J&J was negligent
because it did not warn her during three decades of Baby Powder use could put
her at greater risk for developing ovarian cancer. Berg was diagnosed with that
type of cancer in 2006.
Together, the litigation’s point to increased
scrutiny on how responsible J&J is for not warning consumers – primarily
women – about the dangers of its talc-based powders.
Talcum
Powder Studies
Women and
Talcum Powder
Over many decades, women applied talc-based powders
to dusted their private parts with talcum powders or sprinkled them on
undergarments and sanitary pads to keep the groin area cool and comfortable and
discourage the development of vaginal odors. Additionally, the reproductive
tracts of many women were exposed to talcum powder via diaphragms sprinkled
with the product or condoms that were coated with it.
Published Medical Studies
Although there is some conflicting research, most
published medical studies indicate that talc-based powders, when used by women
long term to keep moisture, odor and chafing under control around their vagina,
are associated with ovarian cancer.
California
Class Action
Johnson & Johnson Consumer Companies is a
subsidiary of J&J those researches, markets, distributes and sells consumer
products aimed at mothers and babies. That includes Johnson’s Baby Powder.
Stockton, Calif., resident Mona Estrada filed a
class action in the Eastern District of California in April 14, charging
Johnson & Johnson and Johnson & Johnson Consumer Companies, Inc., with:
Charges
against Johnson & Johnson:
· - Violating consumers’ legal remedies
· - Violating the Unfair Competition law and
business and professions code
· - Negligence
· - Breach of implied warranty
Mona
Estrada's Claim
Estrada claims “Johnson’s Baby Powder is not safe”
and that studies document that women who used talc-based powders on their
genital area have a 33-percent increased risk of developing ovarian cancer than
women who did not use the products. J&J knew the risks of its powder
products that have talc as an ingredient and yet took no action to warn
consumers like her of the dangers of using them as an odor stopper or to help
with sweat or moisture.
Extended Use
Cases
Estrada used Baby Powder from about 1950 to 2013
but does not have ovarian cancer. According to her law firm, her claim was
filed on behalf of her and other women.
Citing
Research
She cited research conducted as early as 1961 that
showed the harmful effects of talcum powder. She also cited a lengthy list of
other studies that linked talc to ovarian cancer.
Illinois
Class Action
A month after Estrada’s filing, Illinois resident
Barbara Mihalich also filed a class-action claim against J&J and Johnson
Consumer Companies. Her lawsuit was filed in the Southern District of Illinois.
Milalich claims that the defendants violated the Illinois Consumer Fraud and
Deceptive Business Practice Act and profited unjustly from its talcum powder
products.
Her claim said she brought the legal action for
herself and on behalf of “other similarly situated Illinois consumers” that
bought Baby Powder.
Like Estrada, Mihalich was not diagnosed with
ovarian cancer and does not claim any physical harm from the powder products.
Berg v.
Johnson & Johnson
Deane Berg, a South Dakota woman, used Johnson’s
Baby Powder and its Shower to Shower powder as a feminine hygiene product and
to ease chafing virtually daily from 1975 to 2007, according to her lawsuit. In
late 2006, a pelvic exam showed clotting blood in her ovaries, and more tests
led to a diagnosis of ovarian cancer.
In her claim against J&J, she said that talc –
a key ingredient in Johnson’s Baby Powder and in Shower to Shower – caused her
cancer. She said J&J should have put a warning about the association of
talc and ovarian cancer on the products, both of which women use to control
odor and moisture in their vaginal areas.
In Berg’s case, cancerous tissues were removed from
her body and examined by three doctors that found talc particles embedded in
those tissues and concluded that talcum powder was the cause of her cancer. One
of those doctors, Daniel Cramer of Harvard University, has studied the issue of
talcum powder and ovarian cancer for three decades. In court testimony, he
stated that talcum powder was likely a contributing factor in 10,000 cases of
ovarian cancer annually.
Berg won her claim that the pharmaceutical company
was negligent not to warn consumers about its talcum powder product dangers.
Her victory, however, was a partial and Pyric one. The court sided ruled that
J&J that it was not part of a conspiracy, and the jury decided the drug
company did not have liability. The jury also awarded no financial damages in
the case. Berg’s appeal for damages was denied by Judge Karen E. Schreier.
No Label
Warnings by Manufacturers
Despite the mounting evidence of serious health
affects with genital use of talcum powder, major manufacturers of talcum powder
products do not warn consumers of the potential dangers.
Lawyers across the country are reviewing potential
cases of those who feel they were injured by talcum powder, an indication that
manufacturers of these products can expect to see a lot more lawsuits filed
against them.
Source(s): Drugwatch
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