Join Us

Johnson & Johnson and Kenvue Inc. Ordered to Pay $45M in Cancer Verdict”

Johnson & Johnson (J&J) and its spinoff, Kenvue Inc., have been ordered to pay $45 million to the family of Theresa Garcia, an Illinois woman who passed away from mesothelioma, a type of cancer linked to asbestos exposure. A Chicago jury found that the companies’ baby powder products were tainted with asbestos, contributing to Garcia’s cancer and subsequent death in 2020. The verdict marks the first successful claim against the J&J spinoff in over a decade of litigation regarding talc-based baby powders.

The jury determined that Kenvue was 70% responsible for the damages, while J&J and one of its units were found responsible for the remaining 30%. The Garcia family alleged that the companies sold talc-based baby powders despite knowing they contained asbestos, according to court filings. This verdict comes shortly after a judge dismissed a bankruptcy filing by a J&J unit intended to force a settlement of the talc-related cases.

J&J has long maintained that its talc-based products do not cause cancer, with a spokesperson stating that the company intends to appeal the verdict. The head of J&J’s in-house litigation section, Erik Haas, criticized the ruling, suggesting it was based on erroneous trial court decisions and lacked scientific support. Despite the verdict, J&J has had success defending against similar claims in other cases, with a Florida jury rejecting similar claims earlier in the same week.

Kenvue, which took over the sale of baby powder from J&J after the spinoff, recently confirmed it no longer produces or sells talc-based baby powder. J&J announced earlier that it would replace its talc-based product with a cornstarch version, citing decreased sales as the reason for the change. The verdict against J&J and Kenvue highlights the ongoing controversy surrounding the safety of talc-based products and the legal complexities tied to their use.