Preview Newsletter

Talc 6/3

    Client Attorney Privileged/Attorney Work Product/At Request of Counsel

    US Coverage

  1. Talc linked to ovarian cancer risk in African-American women

    Jun 2, 2016 | Reuters

    By Ronnie Cohen

    African-American women who reported regular use of body powder were at greater risk for ovarian cancer compared to their peers who didn’t use talc, a new study shows.
  2. Johnson & Johnson Moves to Dismiss Calif. Talc-Based Powder Suit for Lack of Personal Jurisdiction

    Jun 2, 2016 | Harris Martin Publishing

    Johnson & Johnson has filed a motion to quash service of summons and complaint for lack of personal jurisdiction in a talc-based powder exposure suit, maintaining that the plaintiff has failed to establish that the decedent was a resident of California, ever purchased or used the allegedly harmful products in the state, or developed or was diagnosed with ovarian cancer in California.
  3. Talc Plaintiff Opposes Post-Trial Motions Filed in Case that Ended in $72 Million Verdict

    Jun 2, 2016 | Harris Martin Publishing

    A plaintiff who was awarded $72 million at the conclusion of the first talc-based powder case to proceed to trial in St. Louis has refuted Johnson & Johnson’s post-trial assertions that the jury’s award was excessive, arguing that it “well within the bounds of what Missouri law recognizes as a justifiable award.”
  4. Canadian Citizens File Class Action Lawsuit Against Johnson & Johnson for Injuries Allegedly Related to Talc-Based Powder Products

    Jun 2, 2016 | Harris Martin Publishing

    A group of Canadians have filed a class action lawsuit against Johnson & Johnson defendants in a Toronto court, contending that the defendants were negligent in the development, testing, design, manufacturing and distribution of their Baby Powder products.
  5. Attorney: Talcum powder use linked to ovarian cancer; company responds

    Jul 2, 2016 | Home Town Life

    By Julie Brown

    Attorney Eileen Kroll of Livonia’s Cochran, Kroll & Associates is focused on women with ovarian cancer and their use of Johnson & Johnson products, including Baby Powder.
  6. J&J Moves Deeper Into Hair Care With OGX Maker Vogue

    Jun 2, 2016 | The Street

    By Laura Board

    ...More recently, juries in St. Louis decided that Johnson & Johnson must pay over $100 million in damages to two plaintiffs alleging that its products containing talc, including the iconic Johnson & Johnson Baby Powder, caused ovarian cancer.

    Client Attorney Privileged/Attorney Work Product/At Request of Counsel

    US Coverage

  1. Talc linked to ovarian cancer risk in African-American women

    Jun 2, 2016 | Reuters

    By Ronnie Cohen

    African-American women who reported regular use of body powder were at greater risk for ovarian cancer compared to their peers who didn’t use talc, a new study shows.

    Regular use of powder was associated with ovarian cancer regardless of where the women used it, the researchers report. Users of genital powder had more than a 40 percent increased risk of cancer, while those who used only non-genital powder had an increased risk of more than 30 percent.

    “African-American women have been targeted for use of body powder, and they use it more commonly,” principal investigator Joellen Schildkraut told Reuters Health in a telephone interview. “I’ve concluded – why use it?”

    Schildkraut, an epidemiologist at the University of Virginia in Charlottesville, had been skeptical of a long-debated connection between genital talc and the deadly gynecologic cancer. But her new study, in concert with other recent research, convinced her to advise women to avoid using talcum powder.

    “I was a cynic until these recent studies came out. As you look across all these studies, I would say, why use it? It’s an avoidable risk for ovarian cancer,” she said.

    Schildkraut’s team interviewed 584 black women with ovarian cancer and 745 black women without the disease from the southern, eastern and midwestern U.S.

    Nearly 63 percent of the women with ovarian cancer and nearly 53 percent of the healthy controls dusted themselves with powder, the researchers report in Cancer Epidemiology.

    Dr. Nicolas Wentzensen, head of clinical epidemiology for the National Cancer Institute, noted that African-American women are underrepresented in many epidemiological studies.

    He told Reuters Health by email that Schildkraut’s research was well-conducted and confirms previous studies describing an increased risk of ovarian cancer from talc use.

    Wentzensen noted that the current study found stronger associations between talc use and ovarian cancer than previous research. A December paper in the journal Epidemiology, for example, reported a 33 percent higher risk of ovarian cancer in women who said they routinely applied talc to their crotches, sanitary napkins, tampon and underwear.

    In the past, African-American women have reported significantly higher use of so-called feminine hygiene products, including genital powder. A 2015 case-control study in Los Angeles found that 44 percent of African-American women reported using talcum powder, compared to 30 percent of white women and 29 percent of Hispanic women.

    In the 1990s, Johnson and Johnson outlined a plan to hike flagging sales of its powder “by targeting” black and Hispanic women, according to a company memorandum made public in recent lawsuits leading to multimillion-dollar verdicts against the powder manufacturer.

    Prospective studies, which follow participants over time to see if they develop a disease, are generally considered more reliable than studies that look backward. Two prospective studies have failed to link talc and ovarian cancer. But Schildkraut believes the prospective studies included too few talc users and too few ovarian cancer cases to uncover a relationship.

    Because African-American women tend to use talc more, Schildkraut believes that studying a sizable group of black women, like she did, makes the study more powerful and might explain the stronger association.

    Wentzensen said recall bias, particularly following publicity about outsized jury verdicts in talc-ovarian cancer cases, might explain the stronger association in the new study. Schildkraut considered recall bias but said she tends to believe women were more likely to correctly remember their talc usage.

    An estimated 20,000 American women are diagnosed with ovarian cancer and about 14,500 die from it annually, according to the Centers for Disease Control and Prevention (CDC).

    Dr. Daniel W. Cramer, who heads the Obstetrics and Gynecology Epidemiology Center at Brigham and Women’s Hospital in Boston, first reported a link between genital talc and ovarian cancer in 1982. Since then, he’s been calling for warning labels.

    In a recent editorial in Gynecologic Oncology, cancer genetics expert Dr. Steven Narod of Women’s College Research Institute in Toronto wrote, “In the interests of public health, I believe we should caution women against using genital talcum powder.”

    Narod, who was not involved in Schildkraut’s study, wrote that it’s “disingenuous to state that there is no evidence that talc is associated with ovarian cancer.”

    http://www.reuters.com/article/us-health-talc-ovarian-cancer-idUSKCN0YO2T7

    Return to headline | Return to top

  2. Johnson & Johnson Moves to Dismiss Calif. Talc-Based Powder Suit for Lack of Personal Jurisdiction

    Jun 2, 2016 | Harris Martin Publishing

    Johnson & Johnson has filed a motion to quash service of summons and complaint for lack of personal jurisdiction in a talc-based powder exposure suit, maintaining that the plaintiff has failed to establish that the decedent was a resident of California, ever purchased or used the allegedly harmful products in the state, or developed or was diagnosed with ovarian cancer in California.

    In the May 25 motion to quash service filed in the California Superior Court for Los Angeles County, the defendant instead says that the allegations in the lawsuit suggest that the injuries and claims ...

    Subscription required, for full story: http://harrismartin.com/article/20891/johnson-johnson-moves-to-dismiss-calif-talc-based-powder-suit-for-lack-of-personal-jurisdiction/

    Return to headline | Return to top

  3. Talc Plaintiff Opposes Post-Trial Motions Filed in Case that Ended in $72 Million Verdict

    Jun 2, 2016 | Harris Martin Publishing

    A plaintiff who was awarded $72 million at the conclusion of the first talc-based powder case to proceed to trial in St. Louis has refuted Johnson & Johnson’s post-trial assertions that the jury’s award was excessive, arguing that it “well within the bounds of what Missouri law recognizes as a justifiable award.”

    In their May 10 opposition filed in the St. Louis Circuit Court, the plaintiffs maintained that all the arguments raised by the defendants in their motion have been previously rejected by the court.

    More than 60 plaintiffs, who all alleged that they developed ovarian cancer ...

    Subscription required, for full story: http://harrismartin.com/article/20888/talc-plaintiff-opposes-post-trial-motions-filed-in-case-that-ended-in-72-million-verdict/

    Return to headline | Return to top

  4. Canadian Citizens File Class Action Lawsuit Against Johnson & Johnson for Injuries Allegedly Related to Talc-Based Powder Products

    Jun 2, 2016 | Harris Martin Publishing

    A group of Canadians have filed a class action lawsuit against Johnson & Johnson defendants in a Toronto court, contending that the defendants were negligent in the development, testing, design, manufacturing and distribution of their Baby Powder products.

    In a complaint filed May 18 in the Ontario Superior Court of Justice, the plaintiffs said that they developed ovarian cancer as a result of the alleged exposure.

    The suit was filed by plaintiffs on their own behalf and on behalf of all members of a class similarly situated.

    One of the plaintiffs, Cindy Lou Strathdee, said that she ...

    Subscription required, for full story: http://harrismartin.com/article/20896/canadian-citizens-file-class-action-lawsuit-against-johnson-johnson-for-injuries-allegedly-related-to-talc-based-powder-products/

    Return to headline | Return to top

  5. Attorney: Talcum powder use linked to ovarian cancer; company responds

    Jul 2, 2016 | Home Town Life

    By Julie Brown

    Attorney Eileen Kroll of Livonia’s Cochran, Kroll & Associates is focused on women with ovarian cancer and their use of Johnson & Johnson products, including Baby Powder.

    In February 2016, a jury in St. Louis, Missouri, awarded $72 million to the family of a woman who died from ovarian cancer after using Johnson & Johnson’s talcum powder products for feminine hygiene. In May 2016, a jury in St. Louis, Missouri, awarded $55 million to a woman who was diagnosed with ovarian cancer after using Johnson & Johnson’s talcum powder products for feminine hygiene for approximately 40 years.

    “Juries are getting just so angered about the knowledge that Johnson & Johnson had for decades,” said Kroll, also a registered nurse who earned her bachelor of science in nursing degree from then-Madonna College in Livonia. “To this moment, they still have not placed any warnings on their products.”

    Products such as Johnson & Johnson Baby Powder as well as Shower to Shower (since sold by J&J to another business) have been advertised to women for use in the genital area for many years. Said Livonia resident Kroll, a partner in the firm, “I really believe we’re just at the infancy of this litigation and it’s going to explode.”

    She recently attended a South Carolina conference that involved a series of law firms involved in the Missouri verdicts. Kroll noted some 140 similar cases pending in New Jersey state court, along with some 1,400 in Missouri.

    A New Jersey judge used a “global discovery order” for test cases, she explained, three for plaintiffs and three for the defense. Trials in New Jersey are set to start this October, with Kroll noting work to “keep them out of the federal courts.” She praised state court judges there “who have done a very good job thus far.”

    Company responds

    Johnson & Johnson’s Marc Boston wrote in an email to this newspaper, “For over 100 years, Johnson & Johnson has provided consumers with a safe choice for cosmetic talc powder products. Johnson & Johnson believes in the safety of cosmetic talc. That is why we continue to market Johnson’s Baby Powder containing cosmetic talc today. A very extensive recent review of all the data on talc safety was reviewed by an independent expert panel, the Cosmetic Ingredient Review (CIR) Expert Panel, and published in 2015. The CIR Expert Panel concluded that ‘talc is safe in the present practices of use and concentration described in this safety assessment’. Importantly, no new data has become available since this review which would change their assessment,” Boston said.

    Boston’s LinkedIn lists him as Johnson & Johnson’s North America Media & Issues Management Leader Consumer and Consumer Devices.

    Kroll, who is accepting cases from impacted women, noted the U.S. Food and Drug Administration classifies the products as cosmetics and has no say on this matter. “It’s truly a corporate decision of what to do with this product,” she said.

    She referenced “translocation” of talc particles up through the genital region into the reproductive system, reaching the ovaries at the end of the Fallopian tubes. Inflamed tissue can cause cancer cells to grow, she noted.

    “I sprinkled it on my son with diaper changes,” Kroll said of the Baby Powder. The risk appears less with regular skin, such as the buttocks of a baby, and limited time of use. Kroll agreed a child would often urinate into a diaper before it’s changed again, adding liquid.

    “It was marketed specifically for the scent, the smell,” she said of the feminine hygiene ads targeted at women. Kroll, a graduate of the University of Detroit Law School, cited 21 studies over the last two decades “that show this statistically significant risk.”

    Product marketing issues

    Added Kroll, “Women aren’t going around sprinkling Gold Bond into their panties. Women specifically like that scent and Johnson & Johnson knows it.” Some women use the products on sanitary napkins as well.

    She noted a 1992 company decline in sales, followed by marketing reports and advertising campaigns targeting African American and Hispanic women. Those ads began the same year, Kroll said.

    “They absolutely knew they were targeting those two ethnicity groups,” she added, a practice she calls “horrible.” J&J’s Boston did not respond to this newspaper’s question regarding advertising aimed at minority groups.

    The American Cancer Society’s website references the International Agency for Research on Cancer, a part of the World Health Organization. That site notes perineal (genital) use of such products is “possibly carcinogenic to humans.”

    http://www.hometownlife.com/story/money/business/2016/06/02/attorney-talcum-powder-use-linked-ovarian-cancer-company-responds/85291258/

    Return to headline | Return to top

  6. J&J Moves Deeper Into Hair Care With OGX Maker Vogue

    Jun 2, 2016 | The Street

    By Laura Board

    Health care giant Johnson & Johnson (JNJ) announced Thursday, June 2, that it would pay $3.3 billion in cash for OGX shampoo maker Vogue International to expand its global hair care offering.

    The agreement with Vogue founder, CEO and majority shareholder Todd Christopher and Carlyle Group (CG)  came after the owners of the Oldsmar, Fla., company hired Goldman, Sachs to shop the business early this year after a failed auction back in 2013.

    The Washington D.C. private-equity firm paid a reported $400 million for a 49% stake in Vogue back in February 2014.

    Johnson & Johnson shares rose modestly Thursday morning, up 0.7% to $113.60. Shares of Carlyle, which also on Thursday confirmed the departure of financial services group head Olivier Sarkozy, were down 1.9% to $16.08.

    "Our acquisition of Vogue International's full line of leading advanced hair care products sold in the U.S. and in 38 countries will strengthen our global presence in this important category," said Jorge Mesquita, chairman of Johnson & Johnson's consumer division, in a statement. "Vogue International's commitment to quality, innovation, and consumer preference complement our consumer portfolio, while also presenting attractive hair care category growth opportunities for Johnson & Johnson."

    Besides the OGX branded products, the deal also includes Vogue's FX line of hair styling products and the Proganix and Maui Moisture hair care lines.

    In a short statement, Carlyle made no comment on its apparently strong returns from the sale, with managing director and consumer and retail head, Sandra Horbach, saying little more than the partnership "has been a privilege."

    The acquisition is Johnson & Johnson's largest in its consumer division since 2009, when part of that division, J&J subsidiary McNeil Consumer Healthcare, began a voluntary recall of dozens of over-the-counter children's medications, according to Wells Fargo Securities analyst Larry Biegelsen.

    SMALL INVESTMENT, BIG POTENTIAL. TheStreet's Stocks Under $10 has identified a handful of stocks with serious upside potential. See them FREE for 14-days.

    "Based on the information we have, the deal appears to be a good strategic and financial fit for JNJ," he wrote in a Thursday morning note. Several years after the children's medication recall, "the division is likely on more solid footing now to focus on accelerating growth, which is consistent with JNJ's message at the recent analyst day."

    More recently, juries in St. Louis decided that Johnson & Johnson must pay over $100 million in damages to two plaintiffs alleging that its products containing talc, including the iconic Johnson & Johnson Baby Powder, caused ovarian cancer. The company is expected to face more talc lawsuits.

    Although Johnson & Johnson stated that the Vogue deal would not change its previously forecast sales and guidance ranges, announced April 19, Biegelsen wrote that the acquisition will likely be accretive within the division. He noted that Vogue achieved a sales compound annual growth rate of about 25% over the past five years and that its margins are higher than the consumer division's as a whole.

    The analyst observed that Vogue's hair and skin products are mostly sold in CVS and other large U.S. drugstore chains and that Johnson & Johnson believes that it can leverage its relationship with large boxstores such as Costco to enhance Vogue's retail presence and expand the brands globally. Biegelsen took note of the fact that JNJ said the addition of Vogue to its product line will move the company's share of the U.S. market for hair care products from No. 8 to No. 4.

    Johnson & Johnson's other main segments besides consumer products are pharmaceuticals and medical devices. In the first quarter of 2016, year-over-year sales in the consumer division fell 0.2% worldwide and 0.1% in the United States, while across the company sales rose 0.6% worldwide and 7.2% in the United States.

    Carlyle made the investment from its $13 billion Carlyle Partners VI fund.

    The transaction is expected to close in the third quarter.

    https://www.thestreet.com/story/13594308/1/j-amp-j-moves-deeper-into-hair-care-with-ogx-maker-vogue.html

    Return to headline | Return to top

Add recipients

Suggested