You May be Entitled to Significant Compensation Is talc in cosmetics safe. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed talc settlement would make payments of $400 million to US state AGs. Is Talc In Cosmetics Safe .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of a larger $8.9 billion effort to settle claims that its Baby Powder as well as other talc ingredients cause cancer. Is talc in cosmetics safe.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company intends to pay for different types of cancer victims as part of an arrangement for bankruptcy. Is talc in cosmetics safe. J&J has declared that its Talc products are safe, and will not cause cancer. J&J is seeking an additional time to conclude more than 38,000 lawsuits filed in bankruptcy, and to prevent any new cases from coming forward in the near future.
LTL’s bankruptcy plan will pay $400 million into an additional trust to settle claims made with state attorneys general claiming that J&J violated states’ unfair practices and consumer protection laws by misleading consumers about the quality of its talc products.
A number of states had already initiated consumer protection actions against J&J prior to the time that LTL’s bankruptcy filing prevented these investigations from progressing in 2021. Is talc in cosmetics safe. New Mexico and Mississippi had already launched actions in the past against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas according to court papers.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy as well as cancer patients and the U.S. Justice Department’s bankruptcy watchdog, who have claimed that a lucrative firm like J&J does not qualify for bankruptcy protections meant for those struggling with debt.
The first attempt by LTL to resolve the bankruptcy cases was dismissed after similar arguments, when a U.S. appellate court ruled it was not LTL wasn’t in “financial financial distress” and was not eligible of bankruptcy protection. Is talc in cosmetics safe. LTL declared bankruptcy a second time just over two hours after the dismissal, arguing the second bankruptcy was different due to the fact that it had less money available and more backing for an agreement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates the state’s law enforcement authority by attempting unilaterally to cap LTL’s liability to state consumer protection measures.
Is Talc In Cosmetics Safe
LTL’s recent filings also provided more information about how the company would evaluate and settle cancer claims should the bankruptcy plan be approved.
The largest amount of money under the settlement would be $500,000 for people diagnosed with terminal mesothelioma before age 45. Is talc in cosmetics safe. The second payment would be $260,000 for those who have been diagnosed with ovarian cancer that is terminal before age 45.
The proposed settlement applies discounts depending on the kind and severity of cancer, an individual’s years of age, their history of usage of talc and other variables. Is talc in cosmetics safe. For example, a woman who used talc products weekly, had an ancestral history of ovarian cancer, and was diagnosed with an ovarian cancer stage II at age 55 could be in line to receive a payout of $21,125 according to the plan.
Judge orders J&J and talc opponents to participate in settlement talks.
Following another round of hearings in Johnson &Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the firm and the people who opposed the plan to hold talks to reach a settlement, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL management, a subsidiary founded by J&J to settle claims – the company proposed a settlement of $8.9 billion. Is talc in cosmetics safe. While a firm representing plaintiffs agree with the deal, another group opposes the move.
The previous week, the opposition group, called the Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss the case saying that LTL cannot be regarded as in financial distress.
“The filing is an incredibly legal and ineffective attempt by a handful of law firms to try to stop claimants from voting on the resolution plan–a plan the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Is talc in cosmetics safe. “The law firms involved in their filing are financially oriented and have conflicts that conflict with, diverge from, and oppose the interests which their clientele. We will be submitting an answer to the appellate court.”
Is talc in cosmetics safe. Clay Thompson, a lawyer for MRHFM that includes more than mesothelioma victims who have sued J&J claimed that the second bankruptcy attempt of J&J will fail.
“J&J publishes press release about how great its plan is while simultaneously insisting that the plan’s details, including what each sick person will receive — be kept private,” Thompson said in the statement. “What do J&J have to keep secret?”
Kaplan has commanded the parties to devise a second restructuring plan, with the oversight from two mediators.
On February 20, 2022 Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that will free the company from the tens of thousands of claims concerning its talcum products.
In the month of January, a federal appeals court overturned the verdict, ruling that the company was not able to be considered in “financial difficulty.”
When J&J’s attempt to make an appeal before the U.S. Supreme Court was dismissed on April 1, J&J applied for its first bankruptcy about two hours after. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to allow to file for bankruptcy again.
J&J’s unstoppable profit engine sputters after $6.9B settlement charge for talc.
With 2 Chapter 11 attempts, J&J has purchased 19 months of which the cases were suspended. Is talc in cosmetics safe. The company wants claimants to accept their settlement. J&J will require 75% approval for the settlement to be approved.
In addition to the team of talc attorneys who have panned the bankruptcy of the company as well, the U.S. Trustee which is a division of the U.S. Department of Justice was also the one to file motions to dismiss LTL’s second bankruptcy case.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest, but naive debtors.” These doors “are not available to anyone that don’t have a legitimate bankruptcy reason or want to use bankruptcy to hinder or delay their creditors.” Vara continued.
In its own words, J&J maintains there is no proof conclusive that their products containing talc, such as its iconic baby powder, can cause cancer. J&J has taken the products from the market and will first launch them for North America in 2020–and the rest of the world this year.
J&J intends to steer clear of the cost of going to trial. It has prevailed in the majority of the cases that have been resolved during trial, however, certain losses have been extremely harsh.
A well-known trial in Missouri ended in an $4.7 billion verdict against the drugmaker and was later lowered to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine cases involving talc, which are appealing or settled. Out of 41 trials, 32 of them ended in the favor of J&J either through a mistrial or plaintiff verdict that was dismissed after appeal. Is talc in cosmetics safe. Separately, the company in 2020 moved to settle nearly 1,000 cases for $110 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc In Cosmetics Safe
Our lawyers handle baby powder lawsuits in all 50 states. The talcum powder lawsuits for Johnson & Johnson have been going on for a long time. Is talc in cosmetics safe. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient found in products such as baby Powder along with Shower to Shower which can cause ovarian cancer in some women.
This page gives an J&J update on the talc power litigation and provides an overview of how the upcoming bankruptcy ruling affects the final settlement amounts of the ovarian cancer lawsuits.
Has the deadline passed for you to file a talcum powder lawsuit? Many who believe the statute of limitations has passed to file a lawsuit against Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc In Cosmetics Safe
June 2 2023 Update: During an asbestos talc court trial held that took place in California yesterday, technical issues disrupted the opening statements made by defense attorneys. Is talc in cosmetics safe. Jurors watching from home via Zoom and hearing the Johnson and Johnson’s lawyer express doubt about the science of the 70s asserting the presence of asbestos in their product before the session abruptly ended.
The plaintiff had the opportunity to present its first expert witness Arthur Langer. Langer explained that the existence of other minerals in talc is inevitable. He also testified that his team was notified by J&J in 1971 of the presence of chrysotile asbestos within the talc manufactured by the company, though at lower than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update Is talc in cosmetics safe. First trial after J&J took the decision to disband its talc segment and file for bankruptcy is an important turning point within the ongoing litigation drama. The trial started yesterday in the poignant case of a young 24-year-old plaintiff, diagnosed with an aggressive and rare form of mesothelioma last year. an illness that lawyers on both sides believe is a tragedy of a different kind.
The opening statements exposed the distinct differences between each side’s story. The plaintiff’s attorney took aim against Johnson & Johnson, alleging that the company employed deceitful strategies in its research practices as well as throughout the litigation process. In the words of attorney Johnson & Johnson attempted to alter the definition of asbestos in spite of internal documents dating from 1998 and 1994 that show fibers discovered in the plaintiff’s tissue are included.
Johnson &J’s highly uncertain $8.9 billion settlement deal hangs in the balance with the progression of this trial. Despite the distinct nature of this mesothelioma lawsuit and the unique issues it faces compared to other talcum powder lawsuits and a decision in favor of the plaintiff could cause the company with a major setback in its expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31st 2023: Update from Johnson & Johnson’s bankrupt talc business was able to defend its two-time Chapter 11 filing in the in the face of challenges from the talc injury plaintiffs. In an appeal to the New Jersey bankruptcy court, the company argued that the filing was fundamentally different from the first filing. It also emphasized the unprecedented commitment to $8.9 billion in settlement from J&J which is the largest ever settlement in a mass tort bankruptcy case. Is talc in cosmetics safe. There was no mention of how the size of the settlement means it is a fair settlement. J&J also claimed support from several plaintiffs’ legal companies representing over the 60,000 plaintiffs. It is difficult to confirm but it’s likely to be false.
May 24 2023 Update: As of Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial involving its cosmetic talc products allegedly with asbestos content is scheduled to commence jury selection on Monday, May 24, California within the Alameda County Superior Court, a historically good court for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure from J&J’s products and the company has denied. The trial also includes six retailers who are accused of selling talc-based products.
May 22, 2023 Update: Lawyers involved in the second J&J Talc bankruptcy are currently disputing who should be chosen to fill the post of the claims representative in the future, an important role important to resolving the claim for talc. Is talc in cosmetics safe. Randi Ellis, a lawyer who frequently appears in MDLs throughout the country was appointed as the claims representative in the previous bankruptcy. J&J’s defense attorneys want Ellis to be named to the position in the future, however lawyers representing the plaintiffs in talc are arguing because Ellis has a conflict of interest which would prohibit her from holding that position again. The issue stems from the possibility that Ellis was believed to have been involved in drafting the hotly contested second bankruptcy, raising doubts regarding her capacity to remain neutral. In reality, this bankruptcy could be dismissed in the end.
May 17, 2023 Update: The pretend company that J&J put together to handle the bankruptcy of talc disclosed to a New Jersey bankruptcy court that they have set aside $400 million to settle the claims of states that accuse the company of misleading advertising for its talc products. Is talc in cosmetics safe. So that makes it an $8.5 billion settlement to cancer victims. It’s hard to imagine an eventuality where J&J could push these settlements for babies in these figures. Although J&J’s $8.5 billion offer sounds like a large sum initially, it will not look very appealing when you do the math. This settlement proposal – by our rough calculations – would not be able to pay victims more than an average settlement $100,000 per case. That is not enough.
May 15th, 2023 update: J&J might be facing suit from an advocacy group representing cancer victims. Is talc in cosmetics safe. The group argues that J&J intentionally canceled a $61.5 billion funding agreement that it had with its company subsidiary LTL Management LLC, in order to create a false sense of financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group asserts this action could be interpreted as a fraudulent transfer of the victims’ compensation rights. They plan to explore J&J’s actions as a result of the dismissal of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: During the next week next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to reject the second bankruptcy filing that was filed by J&J subsidiaries LTL Management. In the meantime, it has approved an order calling for both parties to participate in a new settlement mediation in the hope that it will be possible to reach a global settlement agreement reached.
May 5, 2023 Update: The talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer from asbestos exposure. Is talc in cosmetics safe. Over 2,700 individuals have sued the company and the company was paying $1 million per month for legal defense. The company’s most recent $29 million verdict in South Carolina forced it to file for bankruptcy protection, arguing for equitable distribution of assets among talc claimants instead of being taken over from the receiver. Other suppliers of talc have filed for bankruptcy due to the litigation.
May 4, 2023 Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to relaunch talks with lawyers who rebuffed the company’s $8.9 billion offer for settlement. The court in Trenton, New Jersey yesterday the parties appeared in court to discuss next steps in their second bankruptcy matter and Judge Kaplan has pushed for further settlement talks.
This is the answer to resolve these claims for J&J. A settlement for baby powder can be completed. Is talc in cosmetics safe. However, it’ll require additional money – perhaps billions of dollars from Johnson & Johnson.
Lawyers are divided on whether to take the proposal or not and not every client views the issue in the same manner their lawyer sees it. A second bankruptcy proceeding is destined to go nowhere the judge Kaplan has scheduled a hearing for June to determine whether to remove the bankruptcy after the second.
May 3, 2023 Update: A group of cancer victims suing Johnson & Johnson (J&J) asked that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt the litigation involving talc products. The committee representing talc claimants filed a motion on Tuesday, asking the Third Circuit to consider their case and to send it back to a lower court with instructions for dismissing the bankruptcy. Is talc in cosmetics safe. They also requested that the lawsuit against the halted torts of J&J allow the litigation to proceed.
LTL requested Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year which offered a $8.9 billion settlement. The committee believes that the recent ruling which allowed LTL’s 2nd Chapter 11 to continue, and also stopping trials against J&J should be subject to an immediate Third Circuit review. The US Trustee also requested that be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation, Erik Haas, was quoted by Bloomberg saying that J&J plans to file a response in the appeals court, declaring the filing an “desperate and legally insufficient move” by a few of law firms that have different financial interests.
May 1 2023 Update: One question people keep asking is how could plaintiffs and their lawyers be able to turn on $8.9 billion. Of course, that is quite a sum. But there are plenty of victims. Is talc in cosmetics safe. And these are really good case for plaintiffs. We were reminded of this recently in two talc trials which resulted in big verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon was settled with a verdict that was $18.1 million. The following month, a second mesothelioma trial involving talc was held for trials at South Carolina and resulted in an award of $29 million to the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. One of the largest suppliers of talc in the U.S.
April 30 2023 Update: J&J initially attempted to pull the litigation over talcum powder into bankruptcy, it did so with the option of putting aside $2 billion for settlements. The sum was ridiculously low. The talc plaintiffs had not were in favor of the proposal. This time around, however, J&J has increased the offer to $8.9 in the event that the talc victims will allow a bankruptcy settlement and they also have the backing of a significant part of the talc-related plaintiffs and their attorneys. Is talc in cosmetics safe. However, 75% of plaintiffs who are a talc, which is needed for approval of the bankruptcy plan is not an easy task because of the number of lawyers who have massive stocks of baby powder-related lawsuits, opposed in favor of the deal.
What can be done to end the impasse? More billions.
April 25 2023 Update: Talc plaintiffs have sought a court order to reject the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, insisting that the company is not financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Is talc in cosmetics safe. The 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not a candidate to receive bankruptcy relief because it had not demonstrated financial stress.
The claimants contend that the third Chapter 11 case is an overreach of the bankruptcy system and that it’s being conducted in bad faith. J&J claims the bankruptcy settlement receives “significant support” from companies representing an estimated 60,000 plaintiffs. It’s safe to say that plaintiffs’ lawyers and victims are divided over the $8.9 billion amount of settlement offered.
April 21, 2023 Update: A bankruptcy judge decided that Johnson & Johnson must face new lawsuits alleging that it sold tainted baby powder causing cancer. Although trials for the talc lawsuits have been suspended for at least 60 calendar days and new lawsuits are able to be filed, and lawyers can begin preparing their cases. Is talc in cosmetics safe. The judge expressed skepticism over J&J’s absurd attempt to revive its strategy by filing another bankruptcy case.
April 13th 2023 Update: biggest announcement is an $8.9 billion over the next 25 years settlement offer. Lawyers representing cancer patients involved in the MDL class action have promised to fight the settlement alongside talc claimants. Why? They believe it’s not enough to pay for more than 70,000 cancer victims. Is talc in cosmetics safe. The lawyers say that J&J could negotiate a greater settlement or settle individuals’ claims if the current bankruptcy is declared unconstitutional.
But there is another group of lawyers outside of the leadership of that class action. These lawyers have collectively amassed the equivalent of tens of thousands of lawsuits. They want to settle now in what many believe to be less than these victims deserve. The argument they make is twofold. The first is that they claim the settlement – about the equivalent of $100,000 per plaintiff – is fair.
That is a hard argument to make. The second argument is more teeth: victims can no longer wait and want the money immediately.
April 12, 2023 Update: People are seeking out how J&J could file for bankruptcy again. The answer is complicated and convoluted. Let’s try to clarify it clearly.
Johnson & Johnson asserts that bankruptcy is the only method to resolve both current and future lawsuits involving talc conclusively. Also, it thinks it can get a lower rate if there is an element of bankruptcy that puts pressure to negotiate a settlement. Is talc in cosmetics safe. In a quest to cover hundreds of years of American history, the company asserts that bankruptcy benefits all parties by distributing settlement payments more equitably and more efficiently than trial courts which are where litigants get significant award while others do not.
The main thrust of this 3rd Circuit decision was this is not a case of one that makes a profit, but an affiliate to accept the legal burden and declare bankruptcy Congress contemplated when drafting the Bankruptcy Code. However, the court also ruled it was not in financial distress because J&J promises unlimited funding.
Thus, J&J took advantage of the funding unlimited part of the deal but did not pledge to offer unlimited funding for cases. The company claims that its new financing agreements with its subsidiary address appeals court’s concerns while still supplying funds for claim payments. In the hope that offering victims less money will solve the overall issue.
Lawyers representing cancer victims who oppose the deal counter this argument by saying that it is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s previous ruling. The hyperbole wasn’t spared by the victims’ lawyers, who call it the largest “fraudulent transfer in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe this bankruptcy will be able to last. But it’s a way to push for this $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10 2023, Update Bloomberg is running an intriguing article about a new law of New Jersey that is shedding new light on litigation funding in the baby powder plaintiffs in the class action. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a share of any winnings. J&J has now offered to pay $8.9 billion to settle any lawsuits.
The involvement of funders is public information due to the New Jersey court rule requiring the disclosure of certain information about funders outside the state. This rule is intended to address the rising calls for regulation of the litigation funders. J&J has to deal with more than 60,000 lawsuits when you take into account federal and state baby powder lawsuits. Third-party funding for mass tort lawsuits has its pros and cons. But there is no question that we are witnessing the ways that third-party funding can even the playing field between individual and large corporations in the courtroom.
April 4, 2023 Update: It is interesting to watch the worm turn in this litigation. J&J has taken another blow this week, when it was found that the Third Circuit denied J&J’s request to keep the automatic stay in place in the meantime that J&J appeals a bankruptcy ruling in the U.S. Supreme Court. It has froze thousands of talcum cases and prevented new lawsuits from arising ever since J&J launched the controversial attempt to spin the talc liability into a bankrupt company over a year in the past. Is talc in cosmetics safe. After it was decided that the 3rd Circuit ruled that this bankruptcy was not valid just a few months ago the stay was removed. J&J was hoping to have it stayed in place until its SCOTUS appeal. But, no.
April 1, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The odds that for the Supreme Court is willing even to consider the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay having been officially lifted, the very first new cases have been filed and transferred into the talcum powder class action MDL in over one year. Seven new talc cases were joined to the MDL during the month of March, bringing the total number of cases in the pending process up to 37,522.
February 25 2023 Update The following information is available: A Congressmen from Tennessee has now demanded that authorities from the U.S. Government Accountability Office (GAO) begin an investigation into how much J&J talc products have cost the government over the years.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of not recognizing the risks of its talc-based products for decades while tax dollars were spent treating those injured by exposure to the chemicals. The lawsuit comes just a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Is talc in cosmetics safe. J&J should begin to make fair settlement offers to victims to begin in putting this behind it. This is a blemish on one of the top companies.
February 14 2023 Update: At a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc in cosmetics safe. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!