J&J faces first UK lawsuits alleging its baby powder caused cancer

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LONDON (Reuters) -Johnson & Johnson is facing the first lawsuits in Britain over allegations that its talc products cause cancer, as it fights tens of thousands of similar claims in the United States.

The lawsuit was filed at the English High Court on Tuesday against J&J and Kenvue UK Limited, a subsidiary of Kenvue, J&J’s former consumer health unit which was spun off in 2023.

KP Law said it filed the case on behalf of more than 3,000 people who allege their ovarian cancer, mesothelioma or other diseases were caused by use of J&J’s baby powder between 1965 and 2023. 

The firm says J&J’s talc products contained carcinogenic fibres, including asbestos, which has been linked to deadly mesothelioma. J&J has long maintained that its talc products are safe and do not contain asbestos.

J&J referred queries to Kenvue, which it said “retained the responsibility and any purported liability for talc-related litigation outside of the United States and Canada”.

Kenvue said in a statement that J&J baby powder “did not contain asbestos, and does not cause cancer”.

LATEST LAWSUITS OVER TALC

J&J is separately facing tens of thousands of lawsuits in the U.S., where claimants allege they were diagnosed with cancer after using baby powder and other company talc products.

J&J stopped selling talc-based baby powder in the U.S. in 2020, switching to a cornstarch product. It did the same in the United Kingdom in 2023.

The company has sought to resolve the litigation through bankruptcy, a strategy that has been rejected three times by federal courts.

Last week, J&J was ordered to pay $966 million to the family of a woman who died from mesothelioma, one of the largest awarded against the company that could be reduced on appeal.

Damages awarded by courts in England are generally limited to compensation for losses caused by a defendant’s actions, whereas $950 million of last week’s award in the U.S. was for punitive damages.

In England, courts can award so-called exemplary damages where, for example, a defendant has wilfully wronged a claimant, though sums are typically far smaller than in the U.S.

KP Law said it had estimated the value of the lawsuit at around 1 billion pounds ($1.34 billion).

Significantly, these lawsuits – like virtually all civil suits in England – will be determined by a judge, rather than a jury.

Kenvue said in its statement that it believed a judge will conclude its talc-based baby powder does not cause cancer.

($1 = 0.7472 pounds)

(Reporting by Sam Tobin; Editing by Alexia Garamfalvi and Bill Berkrot)