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Attorney General Platkin, 42 States Announce $700 Million Johnson & Johnson Settlement
States Allege Deceptive Marketing of Asbestos-Tainted Talc Products
NEW JERSEY - Attorney General Matthew J. Platkin and the Division of Consumer Affairs, in collaboration with 42 other Attorneys General, have reached a $700 million nationwide settlement with Johnson & Johnson over allegations of deceptive marketing of talc-based baby powder and body powder products. New Jersey will receive over $30.2 million from this settlement.
“The company blatantly promoted the products as safe and pure while possessing internal information about a carcinogen and while ignoring mounting external evidence about possible health effects,” said Attorney General Platkin. “I am gratified that we achieved this settlement for the sake of many consumers who were injured by Johnson & Johnson’s actions. This is an egregious betrayal of consumer trust that never should have happened.”
The allegations state that for decades, Johnson & Johnson marketed these products as safe for daily use despite evidence of asbestos contamination and increased risk of ovarian cancer for women using the products in the genital area. Despite other manufacturers' warnings and changes to cornstarch, Johnson & Johnson continued their deceptive marketing, targeting African American and Latina women to reverse declining sales.
“New Jersey has robust laws to protect consumers from fraud and deceit in the marketplace. Johnson & Johnson violated those laws with its deceptive and misleading marketing efforts that concealed the serious health risks associated with its talc-based powders,” said Cari Fais, Acting Director of the Division of Consumer Affairs. “Today’s settlement holds Johnson & Johnson responsible for its campaign of deception and for targeting Black and Latina women with a product that it knew would put them at risk.”
As part of the settlement, Johnson & Johnson is prohibited from promoting, manufacturing, selling, or distributing talc powder products in the United States. The company ceased U.S. sales of its Baby Powder in May 2020 and ended global sales more recently.
The settlement, filed in the Chancery Division of the Superior Court in Mercer County, is pending judicial approval and includes agreements by Johnson & Johnson to:
- Cease the manufacturing, marketing, promotion, sale, and distribution of talc-based products in the U.S.
- Permanently end the manufacture of these products in the U.S., directly or through third parties.
- Permanently stop the marketing and promotion of these products in the U.S.
- Permanently stop the sale or distribution of these products in the U.S.
This matter was handled by Deputy Attorney General Cathleen O’Donnell and Deputy Attorney General/Section Chief Jesse J. Sierant of the Consumer Fraud Prosecution Section within the Division of Law’s Affirmative Civil Enforcement Practice Group.
