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April 22, 2021

Mississippi Supreme Court decides against Johnson & Johnson Talc Labeling Appeal

The Mississippi Supreme Court has ruled against Johnson & Johnson in their appeal in a talc labeling case.T he state’s complaint, originally filed in 2014, accused the company of violating consumer protection laws by failing to disclose the associated risks of its baby powder containing talc- particularly those associated with ovarian cancer risks to women.

Johnson & Johnson argued that the state’s Consumer Protection Act does not apply to the labeling of products which are regulated by the FDA. The Supreme Court refuted this claim and asserted that the State’s claim is not barred by any principles of express or implied preemption.  Johnson & Johnson is facing 25,000 product liability lawsuits over allegations that its products caused cancer. The company pulled its talc-based baby powder off the shelves last year, both in the U.S. and Canada.