$700 Million Settlement against J&J

Attorney General Jason Miyares and 42 other state attorneys general reached a $700 million nationwide settlement to resolve allegations related to the marketing of Johnson & Johnson’s baby powder and body powder products that contained talc.

The consent judgment filed in this lawsuit addresses allegations that Johnson & Johnson deceptively promoted and misled consumers in advertisements related to the safety and purity of some of its talc powder products. As part of the lawsuit, Johnson & Johnson has agreed to stop the manufacture and sale of its baby powder and body powder products that contain talc in the United States.

“Deceptive or false marketing of any kind of product will not be tolerated in the Commonwealth, but especially when those products could negatively impact a consumer’s health,” said Attorney General Miyares. “This settlement reflects the severity of the conduct, and our commitment to keeping consumer products safe for Virginians.”

Johnson & Johnson sold such products for over a hundred years. After the coalition of states began investigating, the company stopped distributing and selling these products in the United States and, more recently, ended global sales. While this lawsuit targeted the deceptive marketing of these products, numerous other lawsuits filed by private plaintiffs in class actions raised allegations that talc causes serious health issues including mesothelioma and ovarian cancer.

Under the consent judgment, Johnson & Johnson:

• Has ceased and not resumed the manufacturing, marketing, promotion, sale, and distribution of all baby and body powder products and cosmetic powder products that contain talcum powder, including, but not limited to, Johnson’s Baby Powder and Johnson & Johnson’s Shower to Shower (“Covered Products”) in the United States.
• Shall permanently stop the manufacture of any Covered Products in the United States either directly, or indirectly through any third party.
• Shall permanently stop the marketing and promotion of any Covered Products in the United States either directly, or indirectly through any third party.
• Shall permanently stop the sale or distribution of any Covered Products in the United States either directly, or indirectly through any third party.

As part of the settlement, Virginia will receive $21.2 million total. This settlement is pending judicial approval in the Richmond City Circuit Court.

To read the settlement, click here.