Johnson & Johnson has reached a tentative settlement to resolve probes by 42 American states into whether it misled consumers about the safety of its talc products, which thousands of lawsuits claim can cause cancer.
In the deal, reached this week, the company agreed to pay about $700m to settle the claims, reports Reuters.
“Consistent with the plan we outlined last year, the company continues to pursue several paths to achieve a comprehensive and final resolution of the talc litigation,” Erik Haas, J&J’s worldwide vice-president of litigation, said in a statement.
The settlement does not extend to private plaintiffs’ cases against the company, some of which are expected to go to trial later this year.
J&J has insisted its talc products are safe and do not cause cancer. It previously set aside $400m to resolve state claims, and still faces more than 50 000 lawsuits, most by women with ovarian cancer. A minority of the cases involve people with mesothelioma, a type of cancer linked to asbestos.
It recently settled some of the mesothelioma cases for an undisclosed amount but has maintained that its talc did not contain asbestos.
The company has twice tried to resolve the cases by placing its talc liabilities into bankruptcy, but both attempts were rebuffed by courts.
In the latest failed bankruptcy attempt, the company had proposed to pay $8.9bn to talc claimants. J&J said last year that it was planning a third bankruptcy filing.
Trials in the talc cases have had a mixed record, with major plaintiff wins including a $2.1bn judgment in 2020 awarded to 22 women with ovarian cancer.
A New Jersey appeals court in October threw out a $223.8m verdict against the company, finding the testimony of the plaintiffs’ expert witnesses unsound.
Reuters article – J&J agrees to resolve 42 U.S. states' talc investigations (Open access)
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