In a significant development, Johnson & Johnson (J&J) has reached a $700 million nationwide settlement with Attorney General Brian L. Schwalb of Washington, DC, and 42 other state attorneys general to address allegations of deceptive marketing practices related to its baby powder and body powder products containing talc. The settlement comes after years of controversy surrounding the safety and purity of these products.
Attorney General Schwalb emphasized the importance of transparency and honesty in product marketing, especially when it comes to items intended for children. He stated, "District residents and customers nationwide deserve the truth about products they're purchasing, especially products geared towards children. With this bipartisan, multistate settlement, we're holding Johnson & Johnson financially accountable for decades of harm inflicted on consumers through deceptive marketing tactics, and we're ensuring that products that have been linked to serious health problems are no longer on the market."
The settlement addresses allegations that J&J intentionally misled consumers in advertisements related to the safety and purity of some of its talc powder products. As part of the agreement, J&J will permanently cease the manufacture and sale of its baby powder and body powder products containing talc in the United States. The company had previously stopped distributing and selling these products in the US and recently ended global sales after the coalition of states began their investigation.
The investigation revealed that asbestos, a known carcinogen, was present in the talc used in these products. The lawsuit alleged that J&J failed to disclose the presence of asbestos and its potential harm, including the risk of developing cancer. While this particular lawsuit focused on the deceptive marketing practices, numerous other lawsuits filed by private plaintiffs in class actions have raised allegations that talc causes serious health issues such as mesothelioma and ovarian cancer.
Under the terms of the settlement, J&J will pay a total of $700 million to the participating states, with the District of Columbia receiving $3,051,110.51. The company will also be required to permanently stop manufacturing, marketing, promoting, selling, and distributing all baby and body powder products and cosmetic powder products that contain talcum powder in the United States, including the well-known Johnson's Baby Powder and Johnson & Johnson's Shower to Shower.
The settlement is the result of a collaborative effort by the Attorneys General of 43 states, including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.
The full settlement agreement is available for public review, ensuring transparency in the process. The matter was handled for the District of Columbia by Gary Tan, Assistant Attorney General, Kevin Vermillion, Deputy Director of the Office of Consumer Protection, and Adam Teitelbaum, Director of the Office of Consumer Protection.
This settlement marks a significant milestone in holding companies accountable for deceptive marketing practices and ensuring consumer safety. It serves as a reminder of the importance of transparent and honest communication regarding product ingredients and potential health risks. As consumers become increasingly aware of the dangers associated with talc-based products, it is crucial for manufacturers to prioritize customer well-being and provide accurate information to enable informed decision-making.
