Delaware News

Attorney General Kathy Jennings Reaches $700 Million Settlement Against Johnson and Johnson

Department of Justice Press Releases | Date Posted: Tuesday, June 11, 2024


Navy blue background featuring the Delaware state seal in the center
Attorney General Kathy Jennings and 42 other attorneys general reached a $700 million nationwide settlement to resolve allegations related to the marketing of Johnson & Johnson’s baby powder and body powder products that contained talc.  
The consent judgment filed in this lawsuit addresses allegations that Johnson & Johnson deceptively promoted and misled consumers in advertisements related to the safety and purity of some of its talc powder products. As part of the lawsuit, Johnson & Johnson has agreed to stop the manufacture and sale of its baby powder and body powder products that contain talc in the United States.  
  
Johnson & Johnson sold such products for over a hundred years. After the coalition of states began investigating, the company stopped distributing and selling these products in the United States and more recently ended global sales. While this lawsuit targeted the deceptive marketing of these products, numerous other lawsuits filed by private plaintiffs in class actions raised allegations that talc causes serious health issues including mesothelioma and ovarian cancer.  
 
Under the consent judgment, Johnson & Johnson: 
  • Has ceased and not resumed the manufacturing, marketing, promotion, sale, and distribution of all baby and body powder products and cosmetic powder products that contain talcum powder, including, but not limited to, Johnson’s Baby Powder and Johnson & Johnson’s Shower to Shower (“Covered Products”) in the United States. 
  • Shall permanently stop the manufacture of any Covered Products in the United States either directly, or indirectly through any third party. 
  • Shall permanently stop the marketing and promotion of any Covered Products in the United States either directly, or indirectly through any third party. 
  • Shall permanently stop the sale or distribution any Covered Products in the United States either directly, or indirectly through any third party. 
“This settlement underscores our commitment to protecting Delawareans and holding companies accountable, irrespective of their size, when they attempt to deceive our citizens,” said Attorney General Jennings. “Companies prioritizing profits over the safety of Delawareans will be held to account.”
  
As part of the settlement, Delaware will receive over $4.9 million.   This settlement is pending judicial approval. 
Texas, Florida, and North Carolina led the multistate settlement, with Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin joining. 
To read the settlement, click here. 
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Attorney General Kathy Jennings Reaches $700 Million Settlement Against Johnson and Johnson

Department of Justice Press Releases | Date Posted: Tuesday, June 11, 2024


Navy blue background featuring the Delaware state seal in the center
Attorney General Kathy Jennings and 42 other attorneys general reached a $700 million nationwide settlement to resolve allegations related to the marketing of Johnson & Johnson’s baby powder and body powder products that contained talc.  
The consent judgment filed in this lawsuit addresses allegations that Johnson & Johnson deceptively promoted and misled consumers in advertisements related to the safety and purity of some of its talc powder products. As part of the lawsuit, Johnson & Johnson has agreed to stop the manufacture and sale of its baby powder and body powder products that contain talc in the United States.  
  
Johnson & Johnson sold such products for over a hundred years. After the coalition of states began investigating, the company stopped distributing and selling these products in the United States and more recently ended global sales. While this lawsuit targeted the deceptive marketing of these products, numerous other lawsuits filed by private plaintiffs in class actions raised allegations that talc causes serious health issues including mesothelioma and ovarian cancer.  
 
Under the consent judgment, Johnson & Johnson: 
  • Has ceased and not resumed the manufacturing, marketing, promotion, sale, and distribution of all baby and body powder products and cosmetic powder products that contain talcum powder, including, but not limited to, Johnson’s Baby Powder and Johnson & Johnson’s Shower to Shower (“Covered Products”) in the United States. 
  • Shall permanently stop the manufacture of any Covered Products in the United States either directly, or indirectly through any third party. 
  • Shall permanently stop the marketing and promotion of any Covered Products in the United States either directly, or indirectly through any third party. 
  • Shall permanently stop the sale or distribution any Covered Products in the United States either directly, or indirectly through any third party. 
“This settlement underscores our commitment to protecting Delawareans and holding companies accountable, irrespective of their size, when they attempt to deceive our citizens,” said Attorney General Jennings. “Companies prioritizing profits over the safety of Delawareans will be held to account.”
  
As part of the settlement, Delaware will receive over $4.9 million.   This settlement is pending judicial approval. 
Texas, Florida, and North Carolina led the multistate settlement, with Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin joining. 
To read the settlement, click here. 
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Keep up to date by receiving a daily digest email, around noon, of current news release posts from state agencies on news.delaware.gov.

Here you can subscribe to future news updates.