LOOMING LITIGATION: Commentary from HCR Law on what, pending court approval, will be the largest pharmaceutical product group action in English and Welsh history.
Further expanded commentary is attached, which considers the implications for talc suppliers, their insurers, product liability, the scientific position and UK regulation plus a brief history of talc litigation.
- UK Talc Litigation against J&J set to commence early 2025
Following many years of speculation, it was confirmed yesterday that action will soon begin by 1,900 potential claimants and their families against Johnson & Johnson (J&J), for alleged harm caused by its talcum powder product (talc).
If approved, the litigation will be the first of its kind in the UK and will likely open the floodgates for further litigation.
Proceedings are expected to begin early next year and follow a lawsuit in June, brought by 42 U.S. states and Washington, D.C., accusing J&J of misleading consumers about the safety of its talc-based products, which it settled for $700 million. There have been multiple other lawsuits against J&J regarding its talc-based products.
The 1,900 potential UK claimants include cancer patients who are mostly women with genealogical cancers. This number may increase as KP Law, which represents them, is advertising the claim via a website to allow British consumers to register as potential class members.
- Lawyers who led the US claim involved in UK action
Notably, KP Law is made up of several US lawyers who led the US claim against J&J. The claim follows the same premise as its US counterpart – that talc products manufactured by J&J resulted in British consumers developing ovarian cancer and/or mesothelioma following exposure to asbestos in their talc-based powders.
Following the US class actions, J&J is likely to be putting vast funds aside in anticipation of UK action (the BBC reported it has set aside $11 billion to address the US talc litigation). There are more than 59,000 pending talc cases against US J&J, and this number continues to grow. To curb this, US J&J recently offered $6.475 billion over 25 years to settle all outstanding ovarian cancer talc suits. If accepted, this would resolve most of the American claims, but importantly would not apply to the claims of mesothelioma allegedly caused by talc products.
- Connection between Talc & Cancer – the science
Despite growing international scientific concern regarding the use of talc powder in body products, the UK scientific position remains unresolved. The association between talc and ovarian cancer is attributable both to the mineral talc in body powders, which some studies have shown increase ovarian cancer risks by 24-25% in women who use such powders in genital areas, and possible traces of asbestos in talc powder products due to the proximity of the two chemicals. Cancer Research UK recognises the studies which link use of talc powder on genitals and ovarian cancer risks, but maintains that further research is needed in bigger, higher-quality studies, to test the veracity of such claims.
Please attribute commentary to Polly Sayers, legal advisor, HCR Law, Insurance & Risk, Jonathan Edwards, partner and head of Insurance & Risk, HCR Law.