Leaders in West Virginia, Virginia comment on $700 million Johnson & Johnson settlement

CHARLESTON, WV (WVNS) — A nationwide settlement of $700 million to resolve allegations related to the marketing of Johnson & Johnson baby powder and body powder products that contained talc was reached.

As part of this settlement, the state of West Virginia will receive $5,994,747.98 and the state of Virginia will receive $21.2 million.

The lawsuit addressed allegations against Johnson & Johnson saying that they wrongfully promoted and misled the public with advertisements related to the safety and purity of some of its talc powder products. Due to the lawsuit, Johnson & Johnson agreed to stop the manufacture and sale of its baby powder and body powder products that contain talc in the United States.

Johnson & Johnson have sold these products for more than 100 years. After numerous investigations, the company decided to stop selling products in the United States and ended global sales all together. While this lawsuit focused on the wrongful marketing of these products, other lawsuits and class actions were being filed about the serious health issues that can be caused from talc such as, mesothelioma and ovarian cancer.

Under the judgement, Johnson & Johnson has agreed to the following:

• 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 of any Covered Products in the United States either directly, or indirectly through any third party.

This is a prime example that businesses should be up-front and honest about their products’ information, especially when the safety and wellbeing of consumers rely upon the accuracy and truthfulness of that information. Let this be a warning to those who are promoting their products in a deceitful manner to mislead consumers: we will investigate and you will be held accountable to the full extent of the law.

Attorney General Morrisey

Deceptive or false marketing of any kind of product will not be tolerated in the Commonwealth, but especially when those products could negatively impact a consumer’s health. This settlement reflects the severity of the conduct, and our commitment to keeping consumer products safe for Virginians.

Attorney General Miyares

The Texas, Florida, and North Carolina-led coalition of this settlement also joined with the states of 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 and Wisconsin.