Many North Carolinians, like people all over the world, use talcum powder as part of their daily hygiene routine. Recently, there has been an influx of product liability cases due to talcum powder's cancer-causing ingredients. Companies such as Johnson & Johnson, Colgate-Palmolive, Whittaker, Clark & Daniels and Justice have all faced many lawsuits by victims alleging exposure to their asbestos-containing products. These companies often deny the dangerousness of their products; however, many people bringing products liability lawsuits have been able to recover compensation for their illnesses.
North Carolinians may be interested to know that an appeals court recently allowed a 70-year-old woman to move forward with her product liability lawsuit against Colgate-Palmolive, the manufacturers of Cashmere Bouquet talcum powder. She alleges that the company's asbestos-containing products led to her development of mesothelioma after more than 20 years of daily use. According to the woman, her mother powdered her as a child after every bath, and she continued to regularly use the product.
When North Carolinians develop a disease, such as mesothelioma from asbestos exposure, they may bring a product liability case. Product liability cases may be based on strict liability, negligence or breach of warranty. Strict liability requires the claimant to show that the product had an unreasonably dangerous defect in its design or manufacturing process that the claimant used the product in the way it was intended to be used, and no changes were made to the product from its original state when sold.
A previous North Carolina blog post discussed a product liability case in which a woman won $417 million against Johnson & Johnson (J&J). The jury found that J&J failed to adequately warn consumers about the cancer risks of asbestos-containing talcum powder. The company now faces another lawsuit, filed on behalf of more than 50 women who also developed ovarian cancer due to J&J talcum powder.
North Carolina residents should know that Johnson & Johnson (J&J) will now have to pay $417 million to a woman who brought a product liability lawsuit. She allegedly developed ovarian cancer from many years of daily application of the company's talcum powder. The jury found that J&J failed to adequately warn consumers about the cancer risks. This was the largest verdict of its kind against J&J, to date.
An investigative report recently had several samples of makeup tested to determine if there was anything included in the products that was not listed as an ingredient. The report tested the "Just Shine Shimmer Powder" sold by Justice, a popular girls' apparel store. According to the Scientific Analytical Institute in Greensboro, the makeup tested positive not only for heavy metals barium, chromium, lead and selenium, but also tested positive for asbestos.
Asbestos used to be a main component of many products due to its affordability, accessibility and versatility. For most of the 20th century, asbestos was used in tiles, insulation, automotive parts and even consumer products such as small appliances, baby powder and potting soil. Before its potentially lethal effects became widely known, asbestos companies and manufacturers had evidence of its dangers and continued to market it to the public.
Most defendants in cases involving asbestos exposure are private corporations that mined or used asbestos in the many products that contained the hazardous mineral. In any case, the state of Montana agreed to pay $25 million to settle a product liability case brought by more than 100 people who lived in the tiny town of Libby.
This blog has written repeatedly about how the redevelopment or demolition of older buildings stirs up fears of releasing asbestos fibers into the environment. In a large number of these projects, the asbestos is a component of pipe insulation, fireproofing or floor and ceiling tiles, and the asbestos can easily be contained and disposed of. Now, a redevelopment proposal in Davidson, North Carolina has stirred neighbors' fears of asbestos product exposure for a very good reason: the building proposed for demolition was used as an asbestos factory from 1930 to 1960.
Even though the health hazards of exposure to asbestos fibers have been the subject of many scientific studies, the subject is still prompting additional research. A new study concerning the exposure to asbestos fibers during the pre-adolescent years demonstrates again that asbestos and asbestos product exposure damages the lungs.