In 2023, Congress passed a new law requiring that the U.S. Food and Drug Administration release new industry standards for asbestos testing in products. The agency will require all talc-containing products to be tested for asbestos. This new proposal follows years of lawsuits against Johnson & Johnson and other companies alleging their products were contaminated with asbestos. Testing could help alleviate fears of the safety of talc-containing makeup, baby powder, and other personal care products. If approved, the new rule would require manufacturers to test samples of all talc products using polarized light and transmission electron microscopy. It works by illuminating samples with an electron beam. Companies who use talc in their products can also obtain a certificate of analysis from their talc suppliers. The FDA will accept public comments on the proposed new rule through March 27, 2025.
Contaminated baby powder is the main focus of Johnson & Johnson’s legal troubles. A bankruptcy hearing is scheduled for February 18, 2025 to determine if J&J’s proposed $8.2 billion settlement offer will be able to proceed. The offer includes a third attempt at filing for bankruptcy. The previous two attempts were denied after a judge ruled that the company was not in financial distress. In September 2024, J&J’s subsidiary Red River Talc LLC filed a voluntary prepackaged Chapter 11 bankruptcy case. Johnson & Johnson tried to do what is known as the Texas Two Step. It involves shifting the cost of talc lawsuits to a subsidiary before filing for bankruptcy. In July 2024, Senator Elizabeth Warren reintroduced legislation blocking the Texas Two Step strategy. The Nondebtor Release Prohibition Act of 2024 would prevent nonbankrupt entities from using Chapter 11 to avoid legal liability.
More than 62,000 plaintiffs have filed lawsuits against J&J, claiming the company’s talc-based products were contaminated with asbestos. Asbestos is a known carcinogen and is the primary cause of mesothelioma. Approval of J&J’s offer would end thousands of pending lawsuits from ovarian cancer patients. Other cases involving mesothelioma will receive individual attention. J&J ended the global sale of its talc-based baby powder in 2023. The company still claims that its products were safe.
Asbestos, like talc, is a naturally occurring mineral in the earth. Asbestos can often be found near talc, which can then be mixed together. Many products including thousands of automotive, construction, and insulation products were made with asbestos. More than 60 countries have banned asbestos, but it is still heavily regulated in the United States. A ban on the material was announced in 2024. Inhaled or ingested asbestos fibers can become lodged in body tissue causing inflammation and scarring. It then causes DNA changes, leading to cancer. In addition to mesothelioma, there are other illnesses including lung cancer, asbestosis, colon cancer, and laryngeal cancer.
