Litigation Update: Johnson & Johnson Wins False Advertising Dismissal

by | Jan 29, 2021

On January 25th, Johnson & Johnson won a dismissal on the proposal of a class action lawsuit regarding the safety of talc in their products. The 2019 lawsuit initiated by plaintiffs stated that J&J misled consumers by falsely advertising the safety of using talc, claiming that it was in fact “pure” and “gentle”, when in reality the products contained dangerous substances such as asbestos.

This lawsuit differed from others against the company because these plaintiffs were not necessarily alleging personal injury from these products. Instead, they claim that they would not have purchased the powder in the first place had it not been for the misleading advertising.

U.S. District Judge Todd Robinson dismissed the case with prejudice because the plaintiffs failed to point out any specific misleading advertisements from J&J that caused them to purchase their talc products. This was the second time the case was dismissed after the plaintiffs originally filed with a less detailed complaint. Judge Robinson specified that advertising a product as being “pure”, “gentle” or “safe” is not specific enough for a viable claim, which is what led to his ultimate decision of dismissal.

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