A US$260m talc lawsuit verdict filed against Johnson & Johnson (J&J) has been overturned.
Lawyers brought the litigation on behalf of Kyung Lee, who claimed she developed mesothelioma, a cancer caused by asbestos exposure, from the company’s talc powder.
A court ruled in favour of Lee on 4 June 2024, awarding her $60m in compensatory damages and $200m in punitive damages.
This verdict, however, has been thrown out by Judge Katharine von Ter Stegge from the Judicial District Circuit Court in Portland.
Von Ter Stegge is preparing a new trial date for J&J and is expected to release a statement about her decision later this week.
Erik Haas, J&J’s Worldwide VP of Litigation told Reuters the verdict was “the direct result of numerous egregious errors committed by the plaintiff’s lawyers”.
He added that it had “no basis in the law or science”.
Trey Branham, Lee’s lawyer from US law firm Dean Omar Branham Shirley, said in response: "While we respect the court and its ruling, we also disagree.”
Branham and Lee will reportedly appeal against von ter Stegge’s ruling.
The judge’s decision to overturn one of J&J’s talc lawsuits marks a rare victory for the personal care giant amid its ongoing talc scandal.
J&J lawyers had previously won a case in 2021 after a jury ruled that the company’s talc products had not contributed to a woman’s ovarian cancer diagnosis.
However, the multi-billion dollar corporation is still grappling with lawsuits from more than 62,000 claimants.
J&J and Kenvue were ordered to pay $45m in April 2024 to the family of a woman alleged to have died of cancer through the use of Johnson’s Baby Powder.
It marked the first instance of Kenvue, J&J’s healthcare subsidiary, being named in the scandal.
J&J has argued that its talc products are safe, do not contain asbestos and do not cause cancer.
In August 2022, J&J decided to end all global sales of its talc-based baby powder, marking the end of a 100-year era for its signature product.
The personal care goliath transitioned to an all-cornstarch-based baby powder portfolio instead, following an assessment of its worldwide product range.
Cosmetics Business has contacted J&J and Dean Omar Branham Shirley for a comment.
