Fresh off the news of Johnson & Johnson’s defense verdict in a talc-related lawsuit last week, Johnson & Johnson finds itself involved in another talc lawsuit – this time, with Walgreens as a co-defendant. Andrea Harris filed the lawsuit in Illinois, claiming that her regular use of Johnson & Johnson’s Baby Powder and Shower-to-Shower products, which she purchased from Walgreens between 1980 and 2006, caused her ovarian cancer.
Although these factual allegations are all too familiar to Johnson & Johnson, who is currently defending thousands of similar claims across the country, Harris’ lawsuit also alleges that Walgreens is liable for reasons going beyond the mere selling of Johnson & Johnson’s talc-containing products. In addition, the lawsuit claims that Walgreens and Johnson & Johnson maintain a joint office in Illinois, which develops business plans for marketing and selling Johnson & Johnson products to Walgreens’ customers. Together, the plaintiff alleges, Walgreens and Johnson & Johnson acted in concert to sway shoppers to buy Johnson & Johnson products over those made by competitors, including through the use of rewards programs. The lawsuit further alleges that despite both companies knowing of the health risks posed by talc-based products and despite selling non-talc-based products that were suitable for the same purpose, the companies continued to act in tandem to market and sell Johnson & Johnson’s products to women. Finally, the lawsuit alleges that Walgreens tested the talc products for safety in conjunction with Johnson & Johnson, and that the companies jointly created labels, promotional materials, and marketing materials to endorse the talc products.
There are currently hundreds of cases pending in state and federal courts throughout the United States. Numerous manufacturers and sellers of talc-based products are finding themselves accused of conspiring to suppress information about the dangers of their products or acting negligently in failing to warn consumers.
The attorneys at CMBG3 Law LLC have represented clients in talc, products liability, and toxic tort matters for many years.
We provide the most current advice by staying informed of legal, scientific and medical developments regarding a wide variety of substances and products, including talc-containing products, used by consumers every day. If you have any questions or would like more information, please contact John Gardella (email him or 617-936-4353, ext. 204).