The New Jersey-based company was accused of deceptive advertising in hiding the fact that its talc-based baby and body powders could include the toxic substance asbestos. The mineral can lead to mesothelioma, cancer and other ailments. Moreover, recent research suggests that using talc-based powder can lead to higher rates of ovarian cancer.
“We’re really pleased with this outcome,” Clark told reporters. “I am really pleased to be holding Johnson & Johnson accountable.”
The settlement was part of a four-year multistate investigation. Overall, 43 state attorneys general reached a $700 million settlement with Johnson & Johnson. Factors such as market share determined Vermont’s portion of the money. The state will receive the cash over four years.
In addition to financial compensation, Johnson & Johnson also agreed to stop the manufacturing, marketing and distribution of talc-based baby and body powder products. The company started to phase out the use of talc in the 1990s and now uses cornstarch instead. Still, Clark advised consumers to throw away older Johnson & Johnson products that may contain the mineral.
The settlement does not account for private lawsuits against Johnson & Johnson over talc in their powder products. In December, a federal judge said Johnson & Johnson shareholders could pursue a class-action lawsuit against the company, and there are a number of pending personal injury lawsuits.
Last month, Johnson & Johnson agreed to spend $6.5 billion over 25 years to resolve lawsuits involving women who claimed the products caused ovarian cancer.
Clark, who is up for reelection this fall, has spent her first two years in office taking on several large companies for conduct she alleges is harming Vermonters. Last June, Clark filed a lawsuit against agrochemical company Monsanto over its sale of products containing toxic polychlorinated biphenyls to schools. In December, her office signed on to a lawsuit against tech giant Meta for lying to the public about the safety of social media app Instagram.
“Product safety and consumer protection are two of my main priorities as attorney general,” Clark said.
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