Wednesday, March 18, 2020

What Does the FDA say about Baby Powder Ovarian Cancer?

Is Baby Powder Pharmaceutical or Cosmetic in Nature?

March 18, 2020 - Most people have heard about the Johnson & Johnson baby powder issues. Johnson & Johnson markets its traditional baby powder with talc, as well as Shower to Shower with talc; both of these powders can potentially cause ovarian cancer when used for feminine hygiene purposes. Additionally, questions have recently arisen over whether these talcum powders also contain asbestos fibers. Across the nation, there are currently more than 20,000 pending lawsuits against J & J from women who have developed ovarian cancer after using J & J’s baby powder with talc or Shower to Shower with talc for decades.

In the first few talcum powder ovarian cancer lawsuits, plaintiffs claimed—based on scientific data which backed up the claims—that talc fibers can travel through the reproductive system, finding their way to the ovaries, whether they result in inflammation, and eventually, ovarian cancer.  There have been a number of extremely large verdicts awarded to plaintiffs over the past several years by jurors who believed J & J was responsible for the ovarian cancer diagnoses. Although J & J has appealed all of the verdicts, with the majority being reversed on errors of law or venue (not on the scientific data), the presence of asbestos fibers in the talcum powders could open up new issues of safety.

What is the Stance of the FDA Regarding Talcum Powder? Many people are under the impression that the FDA regulates products like baby powder, however, in truth, the FDA has little regulatory power over cosmetics or hygiene products. The FDA definition of “cosmetics,” include any article intended to be “rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise applied to the body,” for the purpose of promoting attractiveness, or altering the appearance. Under this definition are moisturizers, perfumes, powders, makeup, shampoos, hair coloring, and deodorants.

The FD & C Act prohibits the marketing of adulterated or misbranded cosmetics as far as interstate commerce is concerned, however a cosmetic is only considered adulterated if it contains a poisonous substance. The FDA’s legal authority over cosmetics, however, is totally different from its legal authority over drugs, biologics and medical devices—none of these items require FDA premarket approval. In short, the burden for ensuring a cosmetic or hygiene product is safe falls to the manufacturer, which is extremely alarming. Some smaller manufacturers have started adding additional information to their labeling to help consumers feel a bit safer, but J & J has refused to do the same.

The FDA Breaks Its Silence on Baby Powder with Talc Because of Asbestos - The FDA has largely remained silent regarding the potential issues with talc, and whether talc fibers could be responsible for ovarian cancer. This silence was recently broken when 33,000 containers of J & J baby powder with talc were recalled, after the FDA found evidence of asbestos, a known carcinogen. The decision to pull the baby powder (sourced from China and distributed last year) is a black mark against J & J, making it difficult for J & J attorneys to continue to claim the baby powder with talc is safe.  Trace levels of chrysotile asbestos were found in samples from a container of baby powder bought from an online retailer.

The company was informed of the results, recalling bottles from lot numbers 22318RB out of “an abundance of caution,” according to a J & J spokesperson.  In real terms, when a container of J & J talcum powder tests at two percent chrysotile asbestos, this means there are approximately six million fibers of chrysotile in that one container. This hardly installs confidence for those who use the product, whether on their baby’s bottom or for feminine hygiene purposes.

Although J & J has acknowledged that asbestos was found in at least some powders, they maintain that perhaps the product was adulterated by someone else…or that maybe a mistake was made in the lab. What we know is that there are no safe levels of asbestos, and the fact that it has been found in J & J baby powder may open up an entirely new level of claims for damages against the company. 

Getting the Help You Need from an Experienced Talcum Powder Attorney - If you are one of the thousands of people injured after using J & J talcum powder, it is important that you speak to a knowledgeable talcum powder attorney. A well-qualified baby powder ovarian cancer attorney will evaluate the facts of your unique case, determining whether you have a valid claim against J & J. Such an attorney can also ensure all crucial deadlines are met, while answering any questions you may have regarding your claim.

Print
0 Comments
Please login or register to post comments.

WARNING: Do not send any information in any email through this website if you consider the information confidential or privileged.

I understand that by submitting my contact information to Sullo & Sullo LLP for review, I consent to messages regarding this legal matter as well as marketing for other potential legal matters in the future without limitation at standard messaging and data rates unless terminated by me in writing. I further understand that my submission of any and all information in response to this website does NOT create a lawyer-client relationship between myself and Sullo & Sullo, LLP and/or its lawyers, and that any and all information submitted is NOT confidential or privileged. I further acknowledge that, unless Sullo & Sullo, LLP subsequently enters into an Attorney-Client relationship with me, any and all information I provide will NOT be treated as confidential or privileged, and any such information may be used against me and/or for the benefit of current or future clients of Sullo & Sullo, LLP. ...READ ENTIRE DISCLAIMER
Receive an Immediate Response
ANDREW SULLO IS A TOP 100 NATIONAL TRIAL LAWYER 2013 • 2014 • 2015 • 2016 • 2017 • 2018 • 2019
Obtener una Respuesta Inmediata
Andrew Sullo – 100 Mejores Abogados Nacional | 2013 • 2014 • 2015 • 2016 • 2017


4.6/5.0

STARS ON YELP
WITH OVER 400 REVIEWS*

*AS OF 2024



Andrew Sullo has been named a

TOP 100 NATIONAL TRIAL LAWYER*
2013-2024

*BY THE NATIONAL TRIAL LAWYERS

 

CALL NOW FOR A FREE LEGAL CONSULTATION
(800) 730-7607
CALL NOW FOR A FREE LEGAL CONSULTATION (713) 839-9026 CALL NOW FOR A FREE LEGAL CONSULTATION (713) 335-9485


Andrew Sullo is a recipient of the

AVVO CLIENT'S CHOICE AWARD*
2016, 2017, 2019-2024

*GIVEN BY AVVO


Justice

Andrew Sullo is a Member of the

AMERICAN ASSOCIATION OF JUSTICE
2013-2024

*GRANTED BY THE AAJ

 

IF YOU OR A LOVED ONE WERE SERIOUSLY INJURED DUE TO THE NEGLIGENCE OF ANOTHER, CONTACT SULLO & SULLO IMMEDIATELY.
CALL NOW
(800) 730-7607
CALL NOW
(713) 839-9026
CALL NOW
(713) 335-9485

GET LEGAL HELP