On Monday night, jurors in St. Louis’ circuit court ordered Johnson & Johnson to pay the family of Jacqueline Fox $72 million. The family’s lawyers and court records report that $10 million was awarded for actual damages and $62 million in punitive damages.
Fox died of ovarian cancer in October—which was linked to her frequent use of Johnson & Johnson Baby Powder and Shower to Shower products in her feminine hygiene routine for more than 35 years.
The family accused the company of fraud, negligence and conspiracy, claiming that Johnson & Johnson knew its talc-based products could cause cancer and that it failed to warn consumers.
A lawyer for Fox’s family, Jere Beasley, told reporters that the company “knew as far back as the 1980s of the risk,” but continued “lying to the public, lying to the regulatory agencies.”
The family’s suit—which, The Guardian reported, was part of bigger claim in St. Louis that involved almost 60 people—is far from the only one against Johnson & Johnson.
The Huffington Post reported that roughly 1,000 cases have been filed in Missouri’s state court along with an additional 200 in New Jersey’s state court. Trials for some of these lawsuits are set for dates later this year.
Monday’s verdict is the first time a United States jury awarded damages over the claims.
Johnson & Johnson spokesman Carol Goodrich told Reuters that the scientific evidence shows the safety of talc:
We have no higher responsibility than the health and safety of consumers, and we are disappointed with the outcome of the trial. We sympathize with the plaintiff’s family but firmly believe the safety of cosmetic talc is supported by decades of scientific evidence.
Goodrich also issued a statement to CNN that said the company “strongly disagree[d] with the outcome.”
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The lawsuits are also not the only crises surrounding product ingredients that Johnson & Johnson have responded to, The Guardian further explained:
In May 2009, a coalition of groups called the Campaign for Safe Cosmetics began pushing Johnson & Johnson to eliminate questionable ingredients from its baby and adult personal care products. After three years of petitions, negative publicity and a boycott threat, the company agreed in 2012 to eliminate the ingredients 1,4-dioxane and formaldehyde, both considered probable human carcinogens, from all products by 2015.
CNN reported that talc—used in cosmetics as an absorbent—has left scientists divided over whether the ingredient is carcinogenic:
Scientists are divided over the potential risks of talc. Lawyers for Fox’s family presented several studies they said prove the link between talc and ovarian cancer. Other studies say the evidence is too weak to make the connection.
The American Cancer Society says it is not clear if products containing talcum powder increase cancer risk. The International Agency for Research on Cancer, which is part of the World Health Organization, classifies talc as “possibly carcinogenic to humans.”
CNN also reported that because Johnson & Johnson’s talc-based products are considered cosmetics, they are not reviewed by the Food and Drug Administration.
Nora Freeman Engstrom, a Stanford University law professor told The Associated Press that the awarded amount—especially the $62 million in punitive damages—would probably be decreased on appeal.
However, Engstrom said that the recent verdict “doesn’t bode well for Johnson & Johnson” in the face of the additional lawsuits.
“This case clearly was a bellwether, and clearly the jury has seen the evidence and found it compelling,” Engstrom said.
How do you think the company is handling its public response in the face of this verdict, PR Daily readers?
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