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Friday, July 5, 2024

Coalition reaches $700M settlement with J&J over deceptive marketing

State AG
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Attorney General Ellen Rosenblum | Democratic Attorneys General Association Website

On June 11, 2024, Attorney General Ellen Rosenblum and 42 other attorneys general announced a $700 million nationwide settlement to resolve allegations related to the marketing of Johnson & Johnson’s baby powder and body powder products containing talc. Oregon will receive approximately $15 million from the settlement, pending judicial approval, with $4.7 million earmarked for women's health initiatives.

Johnson & Johnson sold these products for over a century. Following investigations by state AGs, the company ceased distribution and sales in the United States and recently ended global sales. The lawsuit focused on deceptive marketing practices, while numerous private lawsuits alleged that talc causes serious health issues such as mesothelioma and ovarian cancer.

“For decades, Johnson & Johnson misled consumers about the potential harms of its talc powder products. Worse, they doubled down on the safety of those products, attacked credible scientific studies, refused to include warning labels on their products, and, at every turn, put profits ahead of lives. These decisions overwhelmingly harmed women,” said AG Rosenblum. “This settlement – important as it is — can never undo those harms,” she added.

The consent judgment addresses allegations that Johnson & Johnson deceptively promoted and misled consumers regarding the safety and purity of some talc powder products. As part of the agreement, Johnson & Johnson has agreed to stop manufacturing and selling its baby powder and body powder products containing talc in the United States.

One significant allegation is that J&J specifically targeted African American and Hispanic women in its marketing campaigns to reverse declining sales of its baby powders. As a result of the settlement, four organizations focused on women's health in Oregon will receive funding:

- Planned Parenthood Columbia Willamette (PPCW) and Planned Parenthood Southwestern Oregon (PPSO) will each receive $2 million to increase outreach and access to critical healthcare services.

- Virginia Garcia Memorial Health will receive approximately $350,000 to enhance access to transvaginal ultrasounds for ovarian cancer screenings and HBV vaccines.

- OHSU Foundation will receive $275,000 for an outreach cancer screening van targeting tribal communities.

- Ovarian Cancer Alliance of Oregon and SW Washington will receive $55,750 to support patients with ovarian cancer.

Under the consent judgment, Johnson & Johnson has agreed to cease manufacturing, marketing, promoting, selling, or distributing all baby and body powder products containing talcum powder in the United States.

Oregon Senior Assistant Attorney General David Hart served on the Executive Committee for the complex settlement negotiations. Texas, Florida, and North Carolina AGs led the multistate effort.

ORGANIZATIONS IN THIS STORY

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