Skip to main content

U.S. Supreme Court Snubs J&J's Bid to Avoid Mississippi Talc Lawsuit

Submitted by jhartgen@abi.org on

The U.S. Supreme Court yesterday declined to hear a bid by Johnson & Johnson to throw out a lawsuit brought by the state of Mississippi over allegations that the company failed to inform residents that its talc-based products increased the risks of developing ovarian cancer, Reuters reported. The justices left in place an April ruling by the Mississippi Supreme Court that let the lawsuit move forward. In the case being pursued by Mississippi Attorney General Lynn Fitch, the state argues that J&J should have included a warning on its label for baby powder and other talc products about the risk of ovarian cancer. The U.S. Food and Drug Administration said in 2014 that no such label was required and the company has said that decision preempts state lawsuits like Mississippi's. In October, J&J put into bankruptcy tens of thousands of legal claims alleging its talc-based products caused cancer, offloading the potential liabilities into a newly created subsidiary. J&J said that the talc cases would be halted while the new entity saddled with J&J's talc liabilities navigates bankruptcy proceedings. Mississippi disagreed, telling the justices not to condone the company's "effort for further delay."