Woman Sues Walmart for Selling Johnson and Johnson Baby Powder
Alex Campbell | December 22, 2021
The link between Johnson and Johnson Baby Powder and cancer is well-documented. A woman has filed a claim against Walmart for continuing to sell the baby powder after Johnson and Johnson halted production and sale of the product themselves.
The baby powder line was pulled from production in May of 2020 following thousands of lawsuits linking the product to cancer-causing asbestos fibers that resulted in the loss of billions of dollars for Johnson and Johnson.
It was discovered that the Johnson and Johnson Baby Powder was contaminated with asbestos, which can cause lung cancer, ovarian cancer and even mesothelioma. Asbestos was present in the talcum powder, which is commonly used in cosmetic products and made from talc.
The lawsuit, which is unique in many ways, was filed against Walmart in the United States Western District Court of New York in September. The claim is that Walmart continued to sell Johnson and Johnson Baby Powder and advertise it as a safe product, even after it was widely known to be linked to asbestos and cancer, therefore putting their customers in unnecessary danger.
3 Reasons This Lawsuit is Special
Many aspects of the lawsuit make it an interesting case to watch, as it has the potential to change how similar cases are handled nationwide. Here are the important things to note:
First, the main difference between this lawsuit and others filed regarding the contaminated baby powder is that the claimant filed “individually and on behalf of all others similarly situated”, making this a class action lawsuit. This means other Walmart customers who have purchased Johnson and Johnson Baby Powder since it was pulled from production may join as plaintiffs of the case.
Second, the plaintiff chose to sue Walmart, differing from the majority of lawsuits concerning the baby powder that target the manufacturer of the product, Johnson and Johnson. The claim is that “despite the wealth of scientific research revealing the carcinogenic effects of asbestos and thousands of lawsuits against the Product’s manufacturer elucidating its hazards, Defendant [Walmart] continued to market the Product as safe for consumer use.”
The last, but perhaps most noteworthy, difference in the case is that the lawsuit never mentions the plaintiff having a cancer diagnosis. In most cases the suits are filed following a diagnosis of cancer that can be traced back to a certain exposure incident. However, in this case it is a matter of possible cancer. While the plaintiff does not currently have cancer from the contaminated product, she may be at a higher risk later in life due to her exposure.
If you or a loved one believe you may have been put at risk from purchasing Johnson and Johnson Baby Powder at Walmart contact the attorneys at BCBH Law to find out more about your legal options.