J&J Prop 65 Lawsuit Dismissed, Setting Stage for Future Fight

Prop 65

A California judge is dismissing a case brought by plaintiffs against Johnson & Johnson over their talc products. The claim is that Johnson & Johnson talc products should be labeled as carcinogenic according to the state’s Prop 65 rule. Read on to find out why dismissing the case actually works in the plaintiff’s favor.

Prop 65

Under California state law, Proposition 65 requires businesses to disclose if their products contain the presence of possible carcinogens that can be dangerous to humans. 

Strengthening Their Case

Even though the case was dismissed, the plaintiff’s legal counsel filed a motion to voluntarily dismiss the case according to an article by Law.com. This allows for the legal counsel to be able to refile the case in the future and potentially present a stronger argument by adding more defendants to the suit (like Claire’s a popular retail store that was recently found by the FDA to have asbestos present in some of their cosmetic products). As a result, the plaintiffs might find the judge more willing to rule in their favor. 

Johnson & Johnson Legal Woes Continue

The pharmaceutical company pushed back against the motion to dismiss the case, arguing that the opposing counsel was trying to stall proceedings of the trial originally set for this coming October 2019. The company also faces multiple other lawsuits claiming that their talc products contain asbestos which causes individuals to develop ovarian cancer and/or mesothelioma. The lawsuits also claim that Johnson & Johnson was aware that their talc was not safe, but hid the knowledge from the public anyway.

Diagnosed with Ovarian Cancer and/or Mesothelioma?

If you or a loved one has been diagnosed with ovarian cancer and/or mesothelioma and have used Johnson & Johnson talcum powder products extensively, contact our team at (303)-999-9999 or (303)-835-9342 to schedule a free consultation. Click here to view our practice area page on ovarian cancer and talcum powder for more information.