On March 31, 2025, a US bankruptcy court rejected another plan by a Johnson & Johnson (J&) subsidiary to use bankruptcy proceedings to address talcum powder claims filed against J&J by cancer victims.
The rejected proposal sought to resolve claims pursued by people who are alleging injuries as a result of developing ovarian cancer and mesothelioma from the use of J&J hygienic powder products (including baby powder) that contained talc – a substance classified as a probable carcinogen by the International Agency for Research on Cancer (IARC) – and which were globally discontinued by the company in 2022.
J&J to pursue active litigation
Following this latest dismissal – the third rejected proposal brought by a J&J subsidiary in an effort to use the US bankruptcy system to resolve talc-related lawsuits – Johnson & Johnson has announced1 it will forego settlement talks with plaintiff lawyers and will now actively litigate the civil suits against them in the US, potentially finally allowing thousands of victims to have their day in court. The decision underscores the growing scrutiny of corporate liability pharmaceutical lawsuits.
Cancer victims who used discontinued talcum powder are pursuing justice against J&J
For years Johnson & Johnson has been involved in lawsuits brought by cancer patients (particularly women suffering from ovarian cancer) accusing J&J of knowingly selling talcum powder-based hygiene products (including Johnson’s Baby Powder) that were carcinogenic.
IARC classification of talc
In 2010, IARC – the specialized cancer research agency of the World Health Organization – classified the perineal use of talc-based body powder as a group “2B” carcinogenic agent (i.e. possibly carcinogenic to humans). And, in 2024, following further scientific research and evaluation, all forms of talc were reclassified as more dangerous “2A” carcinogens (probably carcinogenic to humans). This updated classification has fueled further lawsuits against J&J and reinforced claims regarding the health risks of talc exposure.
Though J&J continues to publicly assert that the talc lawsuits are “meritless”, in 2020 J&J announced2 it would end sales of talc products in America and it subsequently discontinued3 the products globally (read prior blog post titled “Johnson & Johnson stopping all sales of talcum-based baby powder” for more info). In October 2021, facing US$3.5 billion in verdicts and settlements and more than 38,000 cancer cases regarding its talc products, J&J used a rule under Texas law to assign its liabilities for talc claims to a new subsidiary and attempted to pursue a bankruptcy for the newly created subsidiary as a way to resolve all the US cancer lawsuits against the company. This strategy has drawn criticism from plaintiffs’ lawyers and consumer advocacy groups, as it was seen as an attempt to limit accountability while avoiding full court proceedings.
Multiple courts have rejected J&J’s attempts to force talc claims into a bankruptcy plan
This most recent dismissal of a proposed bankruptcy plan brought by a J&J subsidiary marks the third failed attempt by the J&J group of companies to use the US bankruptcy court system to resolve talcum powder cancer claims.
The company first attempted the bankruptcy strategy back in 2021 to consolidate thousands of talc-related lawsuits. The initial bankruptcy case went all the way to the US Court of Appeals, who dismissed the case in January 2023, and a second attempt was then dismissed by a New Jersey bankruptcy court judge in July 2023. This failed third attempt, in a Texas court, appears like it may be the last, as J&J has announced4 it will not “pursue a protracted appeal” and will “litigate every filed case”.
How Siskinds can help
Siskinds LLP is representing Canadian women (or their estates) who have been diagnosed with cancer of the ovaries, fallopian tubes, or perineum, after regular use of J&J talcum powder products. These cases are part of ongoing talc litigation. If you or a loved one has been impacted, email [email protected] or contact our class action team for more information. We can help determine whether you are eligible to participate in the ongoing legal claims.
- https://www.jnj.com/media-center/press-releases/johnson-johnson-to-return-to-tort-system-to-defeat-meritless-talc-claims ↩︎
- https://www.jnj.com/our-company/johnson-johnson-consumer-health-announces-discontinuation-of-talc-based-johnsons-baby-powder-in-u-s-and-canada ↩︎
- https://www.jnj.com/media-center/press-releases/johnson-johnson-consumer-health-to-transition-global-baby-powder-portfolio-to-cornstarch ↩︎
- https://www.jnj.com/media-center/press-releases/johnson-johnson-to-return-to-tort-system-to-defeat-meritless-talc-claims ↩︎