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Talc products hit with Prop 65 lawsuit

By Justin Kloczko | Jan. 30, 2020
News

Civil Litigation

Jan. 30, 2020

Talc products hit with Prop 65 lawsuit

Plaintiffs said the powders contain carcinogenic chemicals, such as arsenic, lead and chromium, which are listed as known to cause cancer under Proposition 65, the state’s Safe Drinking Water and Toxic Enforcement Act of 1986.

Suppliers and distributors of talcum powder products were sued Wednesday in Los Angeles County Superior Court, accused of selling toxic products in violation of California's Proposition 65 law.

The lawsuit, filed by asbestos litigators Simmons Hanly Conroy LLC, Abtahi Law Group LLC, and McGowan, Hood & Felder LLC, centers around baby powder and shower-to-shower products that have been the subject of intense litigation over the past few years. Plaintiffs said the powders contain carcinogenic chemicals, such as arsenic, lead and chromium, which are listed as known to cause cancer under Proposition 65, the state's Safe Drinking Water and Toxic Enforcement Act of 1986. Under the law, businesses should provide consumer warnings, according to the lawsuit.

Fifteen distributors are named as defendants, including Johnson & Johnson, Target, Walmart and CVS Health Corporation. Six suppliers are named as defendants.

"This is a public health crisis that has gone unchecked for decades," said Simmons Hanly Conroy Shareholder Trent Miracle, in a statement. "The defendants, who represent brands trusted by millions of consumers, have to be held accountable for causing so much harm and putting so many more people at risk."

Plaintiffs said they are pursuing damages that could total tens of millions of dollars.

Johnson & Johnson did not respond to a request for comment Wednesday.

-- Justin Kloczko

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Justin Kloczko

Daily Journal Staff Writer
justin_kloczko@dailyjournal.com

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