Johnson & Johnson Denies Talcum Powder Dangers

Johnson & Johnson, the pharmaceutical giant, began selling baby powder more than a century ago. In 1894, the company marketed baby powder, which was made of 99.8 percent talc, as being meant for “toilet and nursery.” In the early 1900’s, Johnson & Johnson worked hard to persuade women that baby powder with talc was meant for use in women to feel fresh as much as it was for babies. In fact, a 1913 ad claimed “Best for Baby, Best for You.” In 1965, another ad claimed “Want to feel cool, smooth and dry? It’s as easy as taking powder from a baby.” Based on this, you could conclude that Johnson & Johnson pushed their baby powder with talc for use among women for feminine hygiene purposes. Through the years, despite research linking talcum powder to ovarian cancer, Johnson & Johnson has maintained the product is safe, and requires no warning label.

Dr. Daniel Cramer, an epidemiologist at Brigham & Women’s Hospital in Boston was one of the first to show a statistical link between talc used for feminine hygiene and ovarian cancer. Cramer met with a J & J executive in Boston who spent the entire time attempting to persuade him that talc use for feminine hygiene was harmless, while Cramer spend the entire time attempting to persuade the executive that his study was valid and that women should be apprised of the potential risks. Although baby powder is considered a cosmetic, therefore requires no FDA approval, Congress is considering updating the 1938 Food, Drug and Cosmetic Act to give the FDA more authority to regulate these products. Thus far, the FDA has attempted to stay out of the talcum powder fray, claiming the research on the risk of ovarian cancer for women who use talcum powder for feminine hygiene is “inconclusive.” 

Understanding the Missouri Ovarian Baby Powder Cancer State Statute of Limitations

Each state has a time period during which a lawsuit can be filed—in this case, a product liability ovarian baby powder cancer lawsuit. This time period is known as the statute of limitations. Some states additionally have statutes of repose, which bar any cause of action which is not brought within a specific period of time following a defined event, which could be the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. In the state of Missouri, an action must be brought within five years of the date on which the injury occurred. Missouri has no statute of repose.  The Missouri ovarian baby powder cancer state statute of limitations can be difficult to interpret, requiring the assistance of an experienced ovarian talcum powder cancer attorney.    

How the Missouri Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits

Perhaps you, like many women, were not aware of the potential talcum powder dangers. If your diagnosis of ovarian cancer occurred many years ago, it is important to remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. In theory, your ovarian baby powder cancer state statute of limitations should not begin to toll until you discover your talc cancer injury was caused by Johnson & Johnson. The argument could also be made that your statute should not begin to toll until one of the following events has occurred:

·         Johnson & Johnson admits there is a problem with their talc products;

·         It is discovered there are talc fibers present in your ovarian tissues through the use of a scanning electron microscope imaging study;

·         The FDA issues a warning regarding the potential link between talcum powder used for feminine hygiene, and ovarian cancer, or

·         The FDA issues a recall of talc products.

Diagnoses of ovarian cancer made more than ten years ago may be especially problematic, due to the fact that federal law only requires healthcare institutions to keep tissue samples on hand for ten years. After this period of time, those tissue samples are typically destroyed. If your diagnosis of ovarian talc cancer was made more than ten years ago, it is especially important that you contact an ovarian talcum powder cancer attorney, who can send a preservation letter on your behalf which will prevent your pathology samples from being destroyed.

A knowledgeable, experienced baby powder cancer attorney can work hard to analyze all the facts of your case, advising you on the best way to move forward in order to receive compensation for your medical expenses, lost wages, and pain and suffering. If you believe you have missed your window of opportunity for filing an ovarian talcum powder lawsuit, don’t lose hope. If you are a resident of one of the following Missouri locales who was diagnosed with ovarian cancer and who used Johnson & Johnson baby powder with talc or Shower to Shower for feminine hygiene, you are encouraged to contact a Missouri ovarian talcum powder cancer attorney. 

·         Kansas City, Missouri

·         St. Louis, Missouri

·         Springfield, Missouri

·         Independence, Missouri

·         East Independence, Missouri

·         Columbia, Missouri

·         Lee’s Summit, Missouri