Florida Attorney General Ashley Moody announced that the state of Florida secured $48 million from a legal action versus the pharmaceutical corporation, Johnson & Johnson. Florida joined 42 other attorneys general in a multistate action to secure $700 million nationwide.
According to an official statement from Moody’s office, the action resolves allegations related to Johnson & Johnson’s marketing of former baby powder and body powder products that contained talc. This action addresses allegations that Johnson & Johnson deceptively promoted and misled consumers in advertisements related to the safety and purity of some of its previous talc powder products. 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. As part of the action, Florida will receive more than $48 million.
“We are leading a multistate action against Johnson & Johnson’s deceptive marketing of products that contained talc, securing $700 million nationwide,” Moody said. “This is a major advancement for consumer product safety, as Johnson & Johnson has stopped the manufacturing and marketing of products containing talc powder—which may be linked to serious health issues, including cancer.”
After the multistate investigation began, the company stopped distributing and selling talc baby powder products in the U.S. and, more recently, ended global sales. While this case 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 secured by Attorney General Moody and the multistate coalition, Johnson & Johnson will:
- Not resume 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 U.S.;
- Permanently stop the manufacture of any covered products in the U.S., either directly or indirectly, through any third party;
- Permanently stop the marketing and promotion of any covered products in the U.S., either directly or indirectly, through any third party; and
- Permanently stop the sale or distribution any covered products in the U.S., either directly or indirectly, through any third party.
As part of the action, Florida will receive more than $48 million. The consent judgment is pending judicial approval.
Florida, represented by Consumer Protection Division Multistate and Privacy Bureau Chief Patrice Malloy and Senior Assistant Attorney General Diane Oates, led the multistate action with Texas and North Carolina.
Other participating states and districts include Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, 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.