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Attorney General Kaul and Coalition reach $700 million agreement against Johnson and Johnson

By: WISCONSIN LAW JOURNAL STAFF//June 21, 2024//

Attorney General Kaul and Coalition reach $700 million agreement against Johnson and Johnson

By: WISCONSIN LAW JOURNAL STAFF//June 21, 2024//

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Wisconsin Attorney General Josh Kaul and 42 other attorneys general reached a $700 million nationwide agreement to resolve allegations related to the marketing of Johnson & Johnson’s baby powder and body powder products that contained talc.

“Wisconsin DOJ is dedicated to protecting consumers against deceptive marketing, particularly when people’s safety may be impacted,” said Kaul. “This resolution obtains accountability from Johnson & Johnson and will help keep people safe.”

The resolution 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 agreement, 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.

According to WisDOJ, 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 investigation targeted the deceptive marketing of these products, numerous lawsuits filed by private plaintiffs in class actions raised allegations that talc causes serious health issues including mesothelioma and ovarian cancer.

Under the agreement, 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.

As part of the resolution, Wisconsin will receive $15,842,132.98.

Joining Wisconsin in this multistate agreement are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia, Washington, and West Virginia joining.

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