Lawyers to Meet Nov. 5 for Talcum Powder Trial Prep

Lawyers to Meet Nov. 5 for Talcum Powder Trial Prep

Introduction

As the first federal talcum powder bellwether trial approaches, both plaintiffs and defendants have finalized their legal teams and are preparing for a key pretrial conference scheduled for early November.

The upcoming proceedings mark a major milestone in the long-running talcum powder litigation involving Johnson & Johnson (J&J), with more than 90,000 women nationwide closely watching the case’s progress. Each of these lawsuits raises similar allegations that J&J’s Baby Powder and Shower-to-Shower products were contaminated with asbestos, increasing the risk of ovarian cancer. Plaintiffs claim the company knew about the potential dangers of its talc-based products but failed to warn consumers, particularly women using the powder on their genitals.

Background of the Federal Talcum Powder Litigation

The talcum powder lawsuits have been ongoing for over a decade and are consolidated in the federal court system before a U.S. District Judge in the District of New Jersey. This multidistrict litigation (MDL) was established to coordinate pretrial proceedings and streamline discovery due to the massive number of similar claims. Despite this, progress has been repeatedly delayed as Johnson & Johnson pursued multiple bankruptcy strategies—moves widely criticized as attempts to limit the company’s financial exposure. These maneuvers have significantly slowed the start of federal trials, even as new plaintiffs continue to join the litigation.

Bellwether Case and Pretrial Developments

In the federal MDL, the judge has directed both sides to prepare for the first bellwether trial, selecting a case filed by Carter Judkins as the initial test of the evidence and arguments. In an August order, the court scheduled a final pretrial conference for November 5, signaling that the trial phase is finally moving forward. On October 1, both parties submitted letters naming the attorneys who will represent them during the proceedings. One of the plaintiffs’ lead attorneys, however, will miss the conference because he is serving as lead counsel in a parallel talcum powder trial in California, beginning the same week.

Multiple State Trials on the Horizon

While the main litigation is centralized in federal court, related talcum powder cancer lawsuits are also advancing in California, New Jersey, and Pennsylvania state courts. California is set to begin its first of three trials on November 3, each involving two plaintiffs and expected to last about four weeks. Additional state trials are already planned for 2026.

Although the bellwether trial outcomes will not be legally binding on other cases, they are expected to heavily influence potential settlement discussions. If no global resolution is reached, talcum powder ovarian cancer lawsuits could proceed to trial across multiple courts in the coming years.