Johnson & Johnson Recalls Baby Powder in the US after Asbestos Found
On October 18, 2019, Johnson & Johnson voluntarily recalled 33,000 bottles of baby powder in the U.S. after health regulators discovered trace amounts of asbestos in a bottle bought online. According to a statement by Johnson & Johnson, the company has reviewed prior tests and found that they came back negative for asbestos. In addition, J&J “…is working with the FDA to determine the integrity of the test, and the validity of the test results.” They suggested that the product involved in the test might have been counterfeit or compromised. The company says its internal investigation could take 30 days or more.
For its part, the FDA has been testing dozens of products for asbestos and says that there is no indication that the product was counterfeit or had been tainted during testing. The FDA “stands by the quality of its testing and results…is not aware of any adverse events relating to exposure to the lot of affected products.” The FDA is warning customers with products from lot #22318RB to stop using the products right away and to contact Johnson & Johnson for a refund.
Personal injury claims against Johnson & Johnson
Johnson & Johnson has more than 13,000 outstanding lawsuits against them from people who claim their talc powder products caused cancer with cancer-causing asbestos. Johnson & Johnson denies those accusations but investigations by the New York Times last year found that the company had worried about the risks of asbestos in its talc products for decades. After the story broke, the Department of Justice opened a criminal probe into whether the company knew about the asbestos risks in their talc products, which could prove negligence in a personal injury lawsuit. Of the claims that have made their way to court, some have resulted in millions awarded in damages while others have been denied. The company is also facing lawsuits over some of their other products including vaginal mesh implants and opioids.
Direct comparison of the three types of product liability claims
Personal injury claims for defective products can center around a manufacturing defect, a design defect or a failure to warn. Here is how it might work in a case involving baby powder:
- If you were injured because the one bottle of baby powder that you purchased was contaminated with mold or some other dangerous ingredient due to an accident at the factory during manufacture, then you would have a claim based on a manufacturing defect.
- If you were injured because the brand of baby powder that you purchased caused a stroke or other injury because of its normal ingredients, then you would have a claim based on a design defect.
- If you were injured because you combined the baby powder with another substance and the label did not carry a warning that combining these substances is dangerous, then you would have a claim based on a failure to warn.
Seek the help of a product liability attorney
If you or a loved one is dealing with an accident or injury because of the negligence of another, you have enough to deal with. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the competent personal injury attorneys at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
