June 13, 2024
Through the Attorney General’s Office, the Utah Department of Commerce’s Division of Consumer Protection has reached a settlement with Johnson & Johnson over misleading consumers about the safety of its talc products.
SALT LAKE CITY— Utah Attorney General Reyes, on behalf of the Utah Division of Consumer Protection and with 42 other attorneys general, reached a $700 million nationwide settlement to resolve allegations related to the marketing of Johnson & Johnson’s baby powder and body powder products that contained talc. As part of the settlement, Utah will receive $7,540,013 over four years, for approximately $1.88 million each year.
The Settlement Agreement addresses allegations that Johnson & Johnson deceptively promoted and misled consumers in advertisements related to the safety and purity of some of its talc powder products. As part of the settlement, 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.
“For over a century, parents trusted that the fine white talc found in stores across America with Johnson & Johnson’s label was beneficial for their newborns and families. It is outrageous the company deceptively advertised purity while knowing these household products contained harmful substances that can cause serious health issues, including cancer,” said Attorney General Sean D. Reyes.
“Getting these products out of the market has always been our focus in this case and related matters. I thank my 42 attorney general colleagues who teamed with me over the years to remove talc products from store shelves and hold the company accountable. There is not money sufficient to compensate for all the harm caused. But settlement funds paid out to Utah by J&J can be used to help educate parents on health risks to their children and other important consumer protection initiatives.”
Johnson & Johnson has sold such products for over a hundred years. After the coalition of states began investigating, the company stopped distributing and selling these products in the United States and, more recently, ended global sales. While this Settlement Agreement targets 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 Settlement Agreement, Johnson & Johnson:
- Has ceased and not resumed 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 United States.
- Shall permanently stop the manufacture of any Covered Products in the United States either directly or indirectly through any third party.
- Shall permanently stop the marketing and promotion of any Covered Products in the United States either directly or indirectly through any third party.
- Shall permanently stop the sale or distribution of any Covered Products in the United States either directly or indirectly through any third party.
“This settlement marks a step forward in Utah’s unwavering commitment to protect consumers and ensure the safety and honesty of the marketplace. We are hopeful that this resolution sends a strong message that deceptive practices in advertising and product safety will not be tolerated. Our collaboration with the Utah Attorney General’s Office and other states, as well as our relentless pursuit of justice for Utah’s consumers, have borne significant fruit today,” said Commerce Executive Director Margaret Busse. “We are proud to be part of this nationwide effort to hold companies accountable and look forward to the positive impact these funds will have on protecting consumer health and safety in Utah,”
Multiple states, including Texas, Florida, and North Carolina, led the multistate settlement against Johnson & Johnson. Other states joining the settlement are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, 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.
About Us
The Utah Division of Consumer Protection is one of ten agencies within the Utah Department of Commerce. Its mission is to strengthen trust in Utah’s commercial activities by protecting consumers through education and impartial enforcement. The Division administers more than 25 Utah state laws designed to protect consumers, including those related to telephone solicitations. Additional information about the Division and complaints can be filed at https://dcp.utah.gov/.