Johnson & Johnson offers settlement over talcum powder claims. What does this mean for the UK?
Johnson & Johnson has announced it is prepared to pay up to $5.5 billion (£4.4 billion) to settle tens of thousands of legal cases in the United States brought by women who allege that the company’s talcum powder products caused ovarian cancer.
The proposed settlement is one of the largest product liability agreements in recent years and follows years of complex legal battles involving one of the world’s biggest healthcare companies. Although the settlement has attracted worldwide attention, it is very important to understand what this might mean for women in the UK.
What are the allegations?
Thousands of women in the United States claim that they developed ovarian cancer after regularly using Johnson & Johnson’s talc based baby powder and other talcum powder products for feminine hygiene. This typically involved using talcum powder to the genital area or on sanitary products over many years to help to keep the area dry, reduce chafing and improve comfort.
The claimants allege that, over time, microscopic particles were able to travel through the female reproductive tract to the ovaries, where they caused chronic inflammation. It is alleged that this contributed to the development of ovarian cancer. This theory has, and still is, the subject of extensive scientific research and debate for many years. Some separate claims have also alleged that certain talc products were contaminated with asbestos, a known carcinogen – albeit these claims involve different legal and scientific issues.
Johnson & Johnson has consistently denied that its talcum powder products are unsafe or that they can cause cancer. The company maintains the safety of its products has undergone decades of scientific testing which supports the safety of the products. Johnson & Johnson say that the proposed settlement is intended to bring an end to lengthy litigation rather than represent an admission of liability.
Why has Johnson & Johnson changed its baby powder?
In recent years, Johnson & Johnson stopped selling its talcum based baby powder in several markets and replace it with a cornstarch based formula. The company say that the decision was driven by the change in consumer demands and ongoing ‘misinformation’ surrounding the safety of talcum products, rather than concerns over product safety.
Does this affect people in the UK?
These proceedings are taking place in the UK but have prompted many questions from people across the world who have used talcum powder products for many years. Here in the UK our legal system differs significantly from that in the US, and compensation claims are assessed under UK law. Potential claimants would need to show evidence that links their illness to the products they used, alongside medical and scientific evidence which supports their case.
Every situation is unique and simply having used talcum powder does not automatically mean that there follows a valid legal claim.
Are you concerned? Do you need some legal advice?
If you or someone you know has been diagnosed with ovarian cancer and are concerned that the long term use of talcum powder, or talcum powder products may have played a role, it is very important to seek specialist legal advice.
At WE Solicitors, we understand that product liability cases can be extremely complex. Our experienced solicitors can assess the circumstances, explain your legal options and advise if you have grounds to pursue a claim. We will provide clear, straightforward advice and do our best to help you to understand your position under UK laws.
Speak to WE Solicitors
We know that news stories like this can cause concern and that is understandable. But, every case is different – we will look at each case, help you to understand the situation and make the right decision for you.
If you have questions about the information here, talcum powder, ovarian cancer or potential product liability claims in the UK, don’t hesitate to contact us. We have decades of experience in these types of cases, we will listen to your circumstances and provide you with practical, honest advice about your options.
