A group of ovarian cancer victims has filed a class action lawsuit against Johnson & Johnson, collectively challenging the company’s alleged deceptive practices after pursuing individual legal actions related to talc products.
The plaintiffs accuse Johnson & Johnson of employing fraudulent strategies to evade responsibility. In 2021, the company established a subsidiary, LTL Management, to handle talc-related legal issues. However, LTL’s attempts to seek bankruptcy protection were unsuccessful in court on two occasions.
In 2022, Johnson & Johnson allegedly transferred assets from its consumer health division to a new entity named Kenvue to protect these assets from legal claims. A Chicago jury found Kenvue liable for talc and mesothelioma claims. Additionally, when their initial plan failed, Johnson & Johnson replaced a $61.5 billion funding agreement with a $29.9 billion deal without providing equivalent value to LTL Management.
The lawsuit contends that these legal maneuvers were intended to exploit bankruptcy courts to delay trials and decisions for over two years. Currently, Johnson & Johnson is considering a “pre-packaged” bankruptcy as a strategy to reduce its liabilities further.
Andy Birchfield of Alabama-based Beasley Allen stated, “The bad faith that the courts found in ruling against J&J in the two previous bankruptcies applies to every action the company has taken during the past three years.” He added that the individuals bringing this class action are highlighting what they consider dubious and unlawful tactics by Johnson & Johnson.
Scientific studies have indicated that regular use of talc can increase the risk of ovarian cancer by 30% to 60%. Despite denials from Johnson & Johnson, it has been revealed that their talc products contained asbestos, a known carcinogen. The company allegedly knew about this risk for years but did not disclose it.
A recent National Institutes of Health study involving over 50,000 women has reinforced the link between genital talc use and ovarian cancer, particularly among long-term users.
As this legal battle progresses, plaintiffs and their attorneys emphasize the need for accountability from Johnson & Johnson and prioritize consumer safety.