TALCUM POWDER

August 1, 2007
Case Caption: In Re: Talc-Based Powder Products
Jurisdiction: New Jersey Superior Court, Atlantic County
Case No.: 300
Case Type: Mass Tort – Pharmaceutical
Defendants: Johnson & Johnson Company; Johnson & Johnson Consumer Companies, Inc.; Imerys Talc America Inc. f/k/a Luzenac America
Judge: Nelson C. Johnson, J.S.C. (co-managed with Julio Mendez, A.J.S.C.)
 
Case Caption: Hogans, et al v. Johnson & Johnson, et al
Jurisdiction: 22nd Circuit Court, St. Louis, Missouri
Case No.: 1422-CC09012
Case Type: Mass Tort – Pharmaceutical
Defendants: Johnson & Johnson Company; Johnson & Johnson Consumer Companies, Inc.; Imerys Talc America Inc. f/k/a Luzenac America
Judge: Rex M. Burlison

Over 1,200 lawsuits involving claims that talcum powder causes ovarian cancer have been filed  – mostly in St. Louis and New Jersey. Plaintiffs in the lawsuits involving cosmetic talc-based products allege that long-term use can cause the development of ovarian cancer. Defendants named in the litigation are: the manufacturer of the products, Johnson & Johnson; its parent company, Johnson & Johnson Consumer Companies; the company that mines the talc for the manufacturer, Imerys Talc America f/k/a Luzenac America; and the trade associate responsible for representing industry interest and lobbying on against regulation of talc.

Talcum powder is made from the mineral talc, which is combination of the elements magnesium, silicon, and oxygen. Talcum powder has been used in cosmetic products for decades. It is commonly marketed as a useful way to absorb moisture, keep skin dry, and to prevent friction and rashes. Further, for years Johnson & Johnson has marketed its cosmetic talc-based products to women as a safe way to maintain good feminine hygiene.

According to the FDA, talc is used in over 4,200 different cosmetic products and 40,000 pharmaceutical products in the United States. Currently there is no FDA warning concerning the negative physical side effects of talcum powder in products like Johnson & Johnson’s Baby Powder or Shower-to-Shower products because “under the Federal Food, Drug and Cosmetic Act (FD&C Act), cosmetic products and ingredients, with the exception of color additives, do not have to undergo FDA review or approval before they go on the market.” The FDA maintains that it needs ‘sound scientific data’ before it issues a warning that a cosmetic product is harmful under its intended use.

The first study linking talcum powder usage to ovarian cancer was published in 1971. Scientists took a microscopic analysis of 13 ovarian tumors and discovered that 10 of the tumors had talc particles deeply embedded in the tissue.

Then, in 1982, the Journal of Cancer published a case-controlled study of the links between ovarian cancer and intimate talcum powder use. The study involved 215 women diagnosed as having ovarian cancer in Boston hospitals from November 1978 to September 1981. Of the women, approximately 43 percent “said they dusted talc on their genitals or on sanitary napkins, against about 28 percent of a control group of similar background, age and marital status who said they did not use talc.”

Roughly 20 epidemiological studies have found increased rater of ovarian cancer. However, other studies have indicated no correlation, and Johnson & Johnson claims that a causal link is biologically impossible.  According to the Montgomery Adviser:

“It is true that there is no conclusive link between talc and ovarian cancer at this point. In fact, the American Cancer Society only lists talc containing asbestos as a carcinogen, and the International Research Agency on Cancer lists perineal use of talc by women as a ‘possible carcinogen.’

A 2008 study by Penn State University’s Dr. Joshua Muscat also found that ‘mechanistic, pathology and animal model studies have not found evidence for a carcinogenic effect.’”

Dr. Daniel Cramer of Brigham and Women’s Hospital in Boston has been studying the talc-ovarian cancer link for 30 years. His most recent study published this month shows that women who use talc regularly on their genitals have a 33 percent higher chance of getting ovarian cancer. Several other studies support a moderate increase in risk from genital talc use.

In 1994, the Cancer Prevention Coalition petitioned the FDA to require cosmetic products containing talc to bear the warning: “Talcum powder causes cancer in laboratory animals. Frequent talc application in the female genital area increases the risk of ovarian cancer.” However, the FDA felt, as it still does in 2015, that the scientific studies linking talc to ovarian cancer were not substantial enough to warrant a warning.   According to the FDA website:

“Cosmetic companies have a legal responsibility for the safety and labeling of their products and ingredients, but the law does not require them to share their safety information with FDA. FDA monitors for potential safety problems with cosmetic products on the market and takes action when needed to protect public health. Before we can take such action against a cosmetic, we need sound scientific data to show that it is harmful under its intended use.” 

In 2005, the National Toxicology Program (a part of the U.S.  Department of Health and Human Services) decided not to list talc as a cancer-causing agent because, like the FDA, it found the data insufficient to support a warning. However, in 2006, the International Agency for Research on Cancer, a branch of the World Health Organization, classified talc as a Group 2B agent, which means it is “possibly carcinogenic to humans.”

In 2007, the year the first talc lawsuit was filed, the Cancer Registry of Norway published a report after conducting one cohort study and 20 case controlled studies. The Cancer Registry of Norway cited mixed results regarding the link between perineal region talc use and ovarian cancer. The cohort study, which the report suggested was the strongest, revealed “there was no association between cosmetic talc use and risk of all subtypes of ovarian cancer combined.” The case controlled studies were split down the middle with half showing an increased risk and half showing non significant excess risk.