Johnson & Johnson has agreed to pay up to US$5.5 billion to settle tens of thousands of lawsuits in the United States alleging that its talc-based baby p...
Johnson & Johnson has agreed to pay up to US$5.5 billion to settle tens of thousands of lawsuits in the United States alleging that its talc-based baby powder and other talc products caused ovarian cancer, marking one of the largest product liability settlements in the company’s history.
The proposed agreement covers about 76,000 lawsuits pending in US federal and state courts, representing nearly all of the remaining ovarian cancer claims linked to the company’s talc products. The settlement will only become effective if at least 95 percent of eligible claimants agree to participate.
Johnson & Johnson has continued to deny that its talc products are unsafe or that they cause ovarian cancer. The company said it chose to settle the litigation to bring an end to years of costly legal disputes and allow it to focus on its healthcare business rather than prolonged court proceedings.
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“Our position remains that these claims are without merit,” the company’s Vice President of Litigation, Erik Haas, said, adding that the settlement would enable Johnson & Johnson to put the matter behind it while continuing its mission of developing medicines and medical technologies.
The latest agreement follows more than a decade of legal battles over allegations that long-term use of the company’s talc-based baby powder increased the risk of ovarian cancer. Johnson & Johnson previously discontinued sales of its talc-based baby powder in the United States and Canada in 2020 before ending global sales of the product in 2022, replacing it with a cornstarch-based alternative. The company has consistently maintained that scientific evidence supports the safety of its talc products.
The settlement also comes after several unsuccessful attempts by the healthcare giant to resolve the litigation through bankruptcy proceedings involving a subsidiary. US courts rejected those efforts, ruling that the financially healthy company could not use bankruptcy protections to settle the lawsuits.
Recent court developments also influenced negotiations. Earlier this month, a US federal judge questioned whether expert witnesses for the plaintiffs had presented sufficient scientific evidence to directly link talc use to individual ovarian cancer cases. That ruling increased pressure on both sides to reach a negotiated settlement.
Under the proposed agreement, Johnson & Johnson expects to pay up to US$3 billion in 2027, with the remaining payments scheduled from 2028 onwards. The final amount could exceed US$5.5 billion depending on claimant participation, although the company said the settlement is intended to resolve nearly all outstanding ovarian cancer claims in the United States.
Law firms representing many of the plaintiffs welcomed the agreement, describing it as a significant step towards resolving years of litigation for women and families affected by the lawsuits. However, the settlement does not constitute an admission of liability by Johnson & Johnson, which continues to dispute the allegations.
If approved by the required number of claimants, the agreement is expected to bring an end to one of the largest and longest-running product liability disputes in the pharmaceutical industry. The settlement process could take several months before becoming legally binding.
