Attorney General Formella Announces $700 Million Settlement with Johnson & Johnson

Concord, NH- New Hampshire Attorney General John M. Formella and 42 other attorneys general reached a $700 million nationwide settlement to resolve allegations related to the marketing of Johnson & Johnson’s baby powder and body powder products that contained talc.

The consent judgment filed in this lawsuit addresses allegations that Johnson & Johnson deceptively promoted and misled consumers in advertisements related to the safety and purity of some of its talc powder products. As part of the lawsuit, Johnson & Johnson has agreed to stop the manufacture and sale of its baby powder and body powder products that contain talc in the United States.

Johnson & Johnson sold such products for over a hundred years. After the coalition of states began investigating, the company stopped distributing and selling these products in the United States and more recently ended global sales. While this lawsuit targeted the deceptive marketing of these products, numerous other lawsuits filed by private plaintiffs in class actions raised allegations that talc causes serious health issues including mesothelioma and ovarian cancer. 
 
Under the consent judgment, Johnson & Johnson:

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

"This settlement marks a significant victory for consumer protection and public health. By holding Johnson & Johnson accountable for their deceptive marketing practices regarding talc powder products, this multistate action represents a crucial step towards ensuring the safety and well-being of consumers across New Hampshire and the nation,” said Attorney General Formella. “With the cessation of talc-containing products in the U.S. market and the substantial financial compensation allocated to affected states, including New Hampshire, we are sending a clear message that misleading advertising will not be tolerated, and corporations must prioritize the safety of their products above all else. This is a testament to the power of collective action and the commitment of state attorneys general to safeguarding the interests of the public."

As part of the settlement, New Hampshire will receive $5,977,215.96.  This settlement is pending judicial approval.