Lawyer Monthly Magazine - September 2021 Edition

omen’s health and wellness is a billion- dollar industry. Unfortunately, we have seen greedy companies put profits ahead of the health of women consumers by neglecting to fully vet their products for health risks before putting them on shelves. They are not quick to pull products either. Now, women are paying the price in high rates of serious health complications. There are many loopholes that allow dangerous products to enter the market — and stay there. This needs to stop. Women deserve to use products that are safe and effective. This article highlights pending and past litigation for defective products designed for women and what we can learn from them. Johnson & Johnson Baby Powder Johnson & Johnson (J&J) baby powder was one of the company’s earliest and best-sold products. Its key ingredient is talcum powder. Although J&J baby powder is sold in the baby aisle, adult women have long used it between their legs to prevent chafing and on the pubic area as a feminine deodorant. J&J later released Shower to Shower body powder, also containing talc, specifically for adults. Now, many lifetime users of these products have developed ovarian and lung w Defective Products Intended for Women: A Saga of Suffering Marie Napoli is an experienced litigator in cases of defective health and hygiene products that have been targeted at women. Below, she explores some of the most high-profile cases of defective products harming women in the USA and the legal action that resulted, while also examining the regulations that allowed these products to be sold on store shelves. EXPERT INSIGHT 53 SEP 2021 | WWW.LAWYER-MONTHLY.COM cancers. More than 25,000 lawsuits are pending against the corporation, including a major class action suit filed by Napoli Shkolnik PLLC and Ben Crump Law just last month. How Baby Powder and Cancer Are Linked Several times beginning as early as the 1970s, J&J’s raw talc and finished powders tested positive for asbestos — a known carcinogen — which happens to occur naturally in the earth near talc deposits. J&J company executives, mine managers, scientists, doctors and lawyers knew about these instances of contamination, but did not disclose them to regulators or the public. In 2006, the International Agency for Research on Cancer (IARC) classified perineal use of talc as “possibly carcinogenic”, saying available research provided “limited evidence” it caused cancer in humans. Again, J&J did not pass this information down to consumers. Aggressive Targeted Advertising Not only was J&J aware of the risks of talcum powder, it also amped up its advertising when sales began to decline in the 2000s. Our lawsuit cites disturbing evidence that J&J especially targeted Black women in its ad campaigns. Tactics included distributing millions of free baby powder samples in Black and Hispanic neighborhoods; advertising with Weight Watchers and other lifestyle brands favored by overweight women, and radio ads aired during the hot summer months when demand for baby powder would be highest. The success of the ad campaigns targeted at Black women is rooted in the historically racist and sexist notion that Black women are in some way “unclean” and must fix their natural scent through actions like douching. Brands like J&J took advantage of these hurtful stigmas to boost sales, failing to protect consumers in the process. J&J finally issued a recall on over 30,000 bottles of baby powder in 2019 after asbestos was found. In 2020, the company announced it would discontinue selling talc-based baby powder in the US and Canada. How Did Baby Powder Stay On Shelves for So Long? Baby powder is classified as a cosmetic. Under the FDA’s Federal Food, Drug and Cosmetic Act (FD&C Act), cosmetic products and ingredients — except for colour additives — do not need FDA review or approval before they go on the market. The FD&C Act makes it the responsibility of the pharmaceutical company to test their products for safety. It is also up to the pharmaceutical company to issue voluntary The FD&C Act makes it the responsibility of the pharmaceutical company to test their products for safety.