Lieff Cabraser Civil Justice Blog
WRF & AH MS Supreme Court Win on FDA Cosmetics Preemption and Consumer Protection Act Scope

Talc Plaintiffs Defeat Johnson & Johnson’s Efforts to Get Mississippi Talc Cancer Consumer Fraud Lawsuit Tossed

As reported by Law360 (subscription), the Supreme Court of Mississippi has ordered the consumer fraud and false advertising lawsuit filed by Lieff Cabraser and co-counsel against health-products giant Johnson & Johnson to move forward. Johnson & Johnson had argued that the lawsuit over insufficient and deceptive labeling that failed to warn consumers talc baby powder could cause ovarian cancer should be thrown out because it was preempted by federal law, but the Mississippi Supreme Court disagreed.

The Court rejected J&J’s argument that the Food, Drug and Cosmetic Act and/or the Federal Trade Commission Act barred the state court claims. The unanimous Court found that J&J was misreading the FTC Act, citing that “the exclusion of labels from its false advertising definition was more narrow” than J&J argued. Plaintiffs also presented evidence to the Court showing that J&J secretly ghostwrote the science on which much of the FDA’s letters relied, and that J&J fed the disingenuous “science” to the FDA in improperly unreported meetings.

The decision affirms the lower court’s denial of summary judgment, clearing the way for the talc consumer fraud case to proceed toward trial in Mississippi.

The Plaintiff Mississippi Attorney General is represented by Lieff Cabraser partners Wendy R. Fleishman and Avery Halfon, along with co-counsel at Porter Malouf.

Read the full article on Law360’s (subscription) site.

Contact a Talc Fraud and Cancer Injury Lawyer at Lieff Cabraser

If you, a friend, or a family member are a long-time (6 years or more) user of talcum powder products made by Johnson & Johnson or another talc product manufacturer and have received a diagnosis of ovarian cancer, you have the right to seek fair compensation. Please call us today at 1 800 541-7358 or visit our Talcum Powder Ovarian Cancer Injuries page to contact Wendy Fleishman or Tiseme Zegeye about your talc injury case.

We will help you gather the information and file the claims needed to seek recompense for any injuries, suffering, or related harm, and we will review your claim for free, confidentially, and with no obligation on your part.