A California jury has ordered Johnson & Johnson (J&J) to pay $966 million to the family of Mae Moore, who claimed that long-term use of the company’s talc-based baby powder caused her cancer. This marks the largest single-user verdict in the 15-year litigation against the company.
Background of the Case
Mae Moore passed away in 2021 at the age of 88. She had been diagnosed with mesothelioma, a form of cancer linked to asbestos exposure.
Her family argued that J&J deliberately concealed the potential health risks of its iconic baby powder. The jury awarded $16 million in compensatory damages and $950 million in punitive damages, which will go to Moore’s family.
Company Response
“We will immediately appeal this egregious and unconstitutional verdict that is directly at odds – in result and amount – with the vast majority of other talc cases wherein the company has prevailed,” Erik Haas, Worldwide Vice President of Litigation at J&J, said in a statement.
The company also highlighted that there was never asbestos in its baby powder and that it has marketed the product appropriately for over 100 years.
“It took this family five years to get their day in court and we’re pleased the jury concluded J&J should be held accountable,” said Jessica Dean, a Texas-based lawyer who represented Moore’s family.
Current Legal Context
The verdict comes as J&J prepares for a new series of jury trials over talc-based baby powder, which it withdrew from the global market in 2023. The company previously attempted three times to use bankruptcy courts to settle tens of thousands of related claims.
While J&J has already spent over $3 billion settling lawsuits alleging asbestos in its products, it still faces more than 70,000 claims asserting that its baby powder caused mesothelioma or ovarian cancer. Many of these cases have been consolidated before a federal judge in New Jersey for pre-trial proceedings.
Historical and Industry Context
Internal documents cited by plaintiffs suggest that J&J was aware of the presence of asbestos in its talc as early as the 1970s.
The largest prior trial verdict against the company was a $4.7 billion jury award in 2018 to 20 women in Missouri state court, which was later reduced to $2.1 billion on appeal. J&J ultimately paid $2.5 billion, including interest.
Experts expect Moore’s punitive damages to be reduced in line with U.S. Supreme Court guidelines, which recommend that such awards should not exceed ten times the compensatory damages.
Details of Moore’s Case
Mae Moore reportedly used both J&J Baby Powder and Shower-to-Shower powder for around 80 years. The jury found that J&J had intentionally failed to inform users about potential cancer risks.
Shower-to-Shower was sold to Valeant Pharmaceuticals in 2012 for approximately $150 million. Jessica Dean, the lawyer representing Moore’s family, said it took the family five years to reach trial and praised the jury for holding J&J accountable.
Next Steps
Moore’s family will receive the awarded damages, though punitive damages are expected to be reviewed and possibly reduced on appeal. J&J has confirmed it will pursue an appeal against the verdict in California Superior Court, Los Angeles. The case is officially recorded as Moore v. J&J, JCCP 4674, 21STCV055134.
