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Johnson & Johnson on Aug. 14 submitted a motion to dismiss a proposed baby powder cancer class action lawsuit alleging the company’s baby powder increases the risk of ovarian cancer.
Plaintiff Barbara Mihalich filed the Johnson & Johnson baby powder cancerclass action lawsuit in Illinois federal court in May, seeking refunds for herself and similarly situated women who bought Johnson’s Baby Powder in the state of Illinois. She alleges that J&J failed to inform consumers that talc products have the potential to increase an woman’s risk of ovarian cancer by 33 percent.
However, J&J claims that Mihalich’s baby powder cancer class action lawsuit should be dismissed because the lead plaintiff did not develop ovarian cancer or otherwise suffer damages from her use of Johnson & Johnson baby powder. The company also notes that Mihalich never claimed she used the talc product on her genitals, and therefore cannot represent the proposed Class.
According to J&J’s motion to dismiss the baby powder class action lawsuit, “talcum powder has dozens of beneficial uses that have nothing to do with that specific use, and Plaintiff never explains why eliminating that single use would render the product worthless or significantly inhibit its utility — for her or anyone else.”
The court has not yet made a decision on the motion.
The J&J Baby Powder Cancer Class Action Lawsuit is Mihalich v. Johnson & Johnson, et al., Case No. 3:14-cv-00600, in the U.S. District Court for the Southern District of Illinois.
History of Johnson Baby Powder Cancer
J&J began manufacturing and selling its popular Johnson’s Baby Powder talc product as early as 1893 and it continued to be the go-to baby powder brand for use on infant and adult skin. In addition to making skin feel soft and clean, Johnson’s Baby Powder has been marketed as a product for use on the female genital are to mask odors. In its baby powder marketing and advertisements, J&J claims that Johnson’s Baby powder is “intended to eliminate friction on the skin and to absorb unwanted excess moisture for both babies and women[.]”
In the 1960s, however, researchers began studying the effects of talc powder products, especially when scientists began to theorize that talc powder was strongly linked with an increased risk of ovarian cancer.
A study published in 1971 demonstrated strong evidence for this hypothesis. According to the research, talc particles are prone to migrate from the site of application on the genitals to a woman’s ovaries. This study also showed how 10 out of 13 ovarian tumors had deeply embedded talc particles present, suggesting that talc powder, when applied to the genital area, could increase a woman’s chances of ovarian cancer.
In light of these studies, many female consumers have filed baby powder cancer lawsuits or have joined existing Johnson’s Baby Powder class action lawsuits.
In general, baby powder cancer lawsuits are filed individually by each plaintiff and are not class actions.
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Join a Free Baby Powder Cancer Class Action Lawsuit Investigation
If you used Johnson’s Baby Powder, Shower to Shower, or another talcum powder product and were diagnosed with ovarian cancer, you may have a legal claim. Family members of loved ones who died of ovarian cancer can also join. Submit your information now for a free case evaluation.
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