Johnson & Johnson ordered to pay $417 million in talcum powder case

August 22, 2017  13:14
On Monday, a jury awarded a California woman $417 million because she developed ovarian cancer and had used Johnson & Johnson Baby Powder for decades. The award includes $70 million in compensatory damages and $347 million in punitive damages.

Eva Echeverria, a 63-year-old from Los Angeles, said she had been using the powder as a regular part of her feminine hygiene routine since she was 11 years old. She stopped using it in 2016, after she read a news story about another woman who used it and had ovarian cancer.

Echeverria's is the first of hundreds of similar cases in California to be decided. Juries elsewhere have returned four other verdicts against Johnson & Johnson, and another case in New Jersey was dismissed. There are thousands of similar cases going through state and federal courts right now.

Echeverria testified that had there been a warning label on the product, she would have stopped using it.

The company has no legal obligation to put such a label on its product. Because talcum powder is legally considered a cosmetic, it does not have to undergo a review by the US Food and Drug Administration like a drug would. But it would have to be properly labeled with ingredients and other information, and the product "must be safe for use by consumers under labeled or customary conditions of use," according to the agency.

Some other talc-based powders on the market carry labels that mention possible risk of ovarian cancer after frequent application in the female genital area.

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