Nessel reaches $700 million settlement against Johnson and Johnson

Michigan Attorney General Dana Nessel 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.  

“Product safety should be a top priority for every company in every sector, but especially an historic, trusted brand selling baby care products,” said Nessel.  “Misleading Michigan consumers will not be tolerated, no matter how large or well-known the corporate perpetrator. We will stand up for consumer safety in our state, and I’m appreciative for our many bipartisan partners on this litigation throughout the country.”

Johnson & Johnson sold such products for more than 100 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 of any Covered Products in the United States either directly, or indirectly through any third party.

As part of the settlement, Michigan will receive $20,615,040.58. This settlement is pending judicial approval.

Michigan is joined on the multistate settlement by the attorneys general of Texas, Florida, and North Carolina, as well as Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.