In South Africa, media coverage surrounding the asbestos found in baby powder has been limited. This is despite a flurry of talcum powder lawsuits overseas and a potential link between baby powder and cancer.
Here, we explain what’s happening, including the possible health risks, an update on talcum powder lawsuits and talcum powder recalls in South Africa.
Potential link between baby powder and cancer
Johnson & Johnson produces baby powder that’s made from crushed talc, a mineral that can be found with asbestos in the earth. This is why there are considerable concerns that its talcum powder might be contaminated with toxic asbestos.
Johnson & Johnson is currently facing upwards of 38,000 lawsuits. The majority of plaintiffs claim that the asbestos found in its baby powder caused ovarian cancer.
Some long-term users of the talcum powder have developed a specific type of cancer (mesothelioma cancer) that’s known to be caused primarily by asbestos exposure.
Documents uncovered in court indicate that the company knew about the presence of asbestos in its talc – and was aware of associated liabilities – from as early as the 1950s.
Johnson & Johnson talcum powder and ovarian cancer lawsuits
There are ongoing talcum powder lawsuits in the US against Johnson & Johnson. The company has lost multimillion-dollar lawsuits related to ovarian cancer and mesothelioma caused by baby powder.
2023 update on the lawsuits
Johnson & Johnson’s attempt to file for bankruptcy for its talc subsidiary in the face of these lawsuits was rejected by a federal appeals court in January 2023. This means nearly 40,000 talc lawsuits will return to the civil court system in the US.
The US Department of Justice also launched a criminal investigation in July 2019 to investigate whether Johnson & Johnson intentionally misled customers about the possibility of asbestos fibres in its talcum powder.
A 2018 Reuters investigation uncovered company knowledge that the talcum powder was potentially contaminated, which it failed to report to the US Food and Drug Administration.
Successful talcum powder lawsuits
In 2021, Johnson & Johnson set aside US$3.9 billion for talc-related lawsuits.
In 2020, Johnson & Johnson agreed to pay more than US$100 million to settle more than a thousand talc lawsuits in one go, rather than settle them individually.
In 2019, Johnson & Johnson was ordered to pay US$325 million to Donna Olson by a New York jury. Olson claimed Johnson & Johnson talcum powder had caused her mesothelioma.
In 2018, a jury in California ordered Johnson & Johnson to pay US$25.7 million to Joanne Anderson after she developed mesothelioma from using its talcum powder.
Asbestos in South African baby powder
The presence of asbestos in talcum powder isn’t a problem confined to the US. Contaminated Johnson & Johnson baby powder is also a cause for concern in South Africa.
Potentially dangerous baby powder still being sold in South Africa in 2023
Talc-based Johnson & Johnson baby powder is still being sold in South Africa, despite widespread recalls in the US and Canada.
This baby powder isn’t just leftover stock since the lawsuits started. New stock is being supplied to retailers and Johnson & Johnson has not committed to a date to remove it from South African shelves.
“Due to capacity constraints at this time, our corn-starch-based powder offering is not expected to be available in South Africa in 2023,” J&J said.
“Consumers can continue to purchase talc-based Johnson’s Baby Powder until product supply runs out.”
Recall of Purity Essentials baby powder in 2022
In 2022, Tiger Brands recalled its Purity Essentials talc-based baby powder after traces of asbestos were detected in test samples.
It called the recall a “precautionary measure and in the best interests of consumer safety”. The recall resulted in an 8% share price drop for Tiger Brands.
Consumers were urged to return the products to retailers for a full refund.
South Africa’s Consumer Protection Act No 68 of 2006 (CPA)
South Africa’s Consumer Protection Act was implemented to protect consumers from flawed or defective goods. This applies to all goods, whether they’re locally produced or imported.
In the event of a defective or hazardous product, the producer, importer, distributor or retailer can be found liable. For a successful product liability claim, the claimant must prove:
- an unsafe product was supplied
- the product had a defect or hazard
- inadequate instructions or warnings were supplied.
What to do if you may have a product liability lawsuit
If you believe you have a product liability claim, contact us to organise a free initial consultation. We’ll be able to advise you if your claim is valid and what the next steps are.
A successful product liability case will allow you to claim damages for:
– past medical expenses
– future medical expenses and hospital costs
– past and future loss of earnings
– general damages for pain and suffering.
At DSC Attorneys, we specialise in personal injury law and our team is highly experienced in handling product liability claims. Call us on 0861 465 879 or contact us online if you may have a claim. Please note that we operate on a no win, no fee basis.
