Johnson & Johnson and other baby powder manufacturers are being sued under California’s strict Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code §25249.6. The suit alleges that J&J, along with such other suppliers and distributors of talcum powder as Gold Bond and Shower to Shower and private label brands from CVS, Dollar General, Target (a Dayton Hudson company), Walgreens and Walmart–were hiding that their talc products contained dangerous and potential deadly toxins that caused cancer, reproductive issue and birth defects.
The main thrust of the lawsuit is that a the above sellers and distributors of the baby powder, talcum powder, bath powder, etc. had a duty to provide consumers with a “clear and reasonable warning” before potentially exposing buyers of the products to the chemicals in the product. The suit alleges that the products contain arsenic, chromium, and lead, which are all toxins that are listed in CA’s Proposition 65 as chemicals that cause cancer and reproductive issues. Further, the suit alleges that the target defendants have tried to hide the presence of these chemicals in their products since at least 1976.
In other words, according to the suit, for decades, baby powder and other talcum powder products were sold and marketed as being pure and wholesome (who can forget the ever-present commercial for J&J’s baby powder and Shower to Shower talcum powders during the 1970’s), while they contained and exposed consumers to known asbestos and other carcinogens that potentially cause cancer and other diseases.
We have pursued many cases for asbestos-related injury and death. Some involved lung cancer, asbestosis, and other types of cancers, and still others involved the wrongful death due to mesothelioma. The main difference in the cases that we have handled in the past (versus the talcum powder cases) is that the asbestos cases that we have handled in the past mainly stemmed from occupational exposure (workers being exposed to asbestos and asbestos-related products by working with these product or working side-by-side with someone else who was working with the products). While there was a small percentage of secondary exposure that took place outside of the workplace (with the classic example of the housewife contracting mesothelioma while never working with or being near asbestos, but who would shake out and wash her husband’s work clothes every day, and he had worked with asbestos at work).
For over 25 years, Attorney Robert J. Fleming has been handling asbestos-related cases, medical malpractice and other personal injury lawsuits for individuals and families who have been injured or died as a result of the negligence or malpractice of others in the Atlanta, Georgia area. He is a partner in the law firm of Katz Wright & Fleming, LLC and regularly handles cases in Atlanta as well as Alpharetta, Brookhaven, College Park, Duluth, Decatur, Doraville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, Smyrna, Peachtree City, and other cities in Georgia. He is committed to making a difference in his clients’ lives. If you or family member have been seriously injured or died as a result of an asbestos-related disease or condition and would like quality legal representation or if you would just like to consult about a potential case, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.