Johnson and Johnson to pay $6.5B to resolve talc ovarian cancer lawsuits in U.S.
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Talc is used extensively in low-mid fire clay bodies as well as an additive to increase plasticity (makes clay easier to work with), and is an excellent source of MgO for fluxing glazes. In short, it's a great material to have in our cabinet [1]. But now there are essentially no more talc sources in the US and the ripple effect seen in our suppliers and manufactures has been a big shock (we are ever at the mercy of big industry!).
But I honestly just don't get the link to ovarian cancer. Chronic exposure to asbestos causing lung cancer, sure, if it were present in talc in high amounts (which is somewhat dubious in the case of talcum powder). Ultimately I have to conclude that J&J, with all of its billions of dollars and army of lawyers, couldn't find a way out of this. So either the research is dated and needs to be reviewed because there is something going on with talc that we don't understand (unlikely, imho), or I'm left speculating that there is something else motivating them to avoid closer scrutiny of their products.
This isn’t plutonium we’re talking about.
As I understand it, J&J executives moved to bury data rather than investigating. In addition, J&J specifically targeted minorities proclaiming dubious "benefits" at the same time they were burying anything to the contrary.
Consequently, it doesn't really matter whether there is or isn't a link. The optics are so terrible that J&J is going to lose badly if brought to trial.
This is the whole "silicone breast implants" thing all over. In the end, the silicone implants were not at fault, but the behavior of the responsible company was sufficiently reprehensible that they were going to lose no matter what.
What does that mean and what does it signify? Do you know enough about cancer, microbiology, the female reproductive system, etc. that you would 'get' it and that you trust your intuition?
I don't 'get' much of advanced mathematics, but that doesn't at all invalidate it in my mind, or represent evidence to others.
Is your post more than, 'I kinda wish I didn't know the facts here' - a human reaction to bad news.
Your body has no way to expel fine asbestos fibers, and so they collect in your lungs and shred up the insides. When your body tries to respond by healing, it instead forms growths that constantly re-cut and heal themselves. So it's a type of cancer, but it's unique in that it's not based on malformed DNA.
So the idea that just being in the presence of asbestos is enough to form self-propagating cancers like it's some sort of radioactive isotope... doesn't make any sense. Asbestos on it's own is completely inert.
It's an improbably claim that requires extraordinary evidence.
I spent an hour reading about that cancer. It seems that mesotheliomas without previous known asbestos exposure do occur.
It doesn't make sense to you and therefore is worth exploring. At the same time, unless one is an expert then the fact that they don't understand isn't much evidence that it's untrue.
Most people don't understand much about my field of expertise; their lack of knowledge doesn't invalidate most of my field.
When a patient who has had a pleurodesis gets an FDG PETCT, they will have intense accumulation of radiotracer for years. It is very inflammatory. Even more so than asbestos.
I wouldn’t want talc anywhere inside my reproductive tract or anywhere inside my body if I could avoid it.
If you buy the chronic inflammation leads to cancer hypothesis, talc leading to cancer is not so far fetched.
Location matters. The immune system reacts differently to foreign bodies depending on what tissue is in contact with it.
Damn near anything you add to the plural space is going to send your immune system into overdrive - the cells that line the plural cavity (mesothelial cells) are programmed to respond a certain way to their environment.
Contrast that with the cell that line your respiratory tract. There are cells that produce mucus, cells with cilia that sweep the mucus away from the lungs. They don't respond with a massive inflammatory reaction to foreign substances like the plural space does (at least not in a healthy human - asthma patients are different).
Same with the reproductive tract, especially the female one. We can insert IUDs into the uterine cavity without a massive inflammatory response.
Talc introduced into the peritoneum is similarly inflammatory and has been known since at least 1943:
https://jamanetwork.com/journals/jama/article-abstract/26104...
Work has been done to demonstrate that talc can migrate from external perineal application into the female reproductive tract.
"The authors declare the following competing financial interest(s): J.J.G., W.R.W., and D.W.C. have served as consultants and provided expert testimony in talc and other environmental litigation."
Ok, well good to set the context here.
But lets look at the results of the controls (no talc exposure) where the conclusions are remarkably cryptic, but I think we can figure it out!
The paper looked at tissue samples from ovarian cancer patients - a group of six who reported decades of talc use on their bottom and six who said they didn't use talc.
They used two techniques - polarizing light microscopy (very simple technique to look for polarizing molecules like talc) and then SEM/EDX which uses an electron beam and then measures x-rays emitted to identify exactly what the particles are.
"Polarizing light microscopy, as shown in the table, revealed a range of two to 17 birefringent particles per slide; these values are comparable to the lower end of the polarizing light microscopy results of the exposed patient"
Conclusion: using the same initial technique, we actually see the same particles (suspected talc) in the controls, but "at the lower end of the range for exposed patients". Very vague, but we can conclude they saw suspected talc in the unexposed patients but on the lower end of the range for the exposed. But that means the two groups overlapped in suspected talc particles.
Well, we better confirm those results with another analytical technique to confirm it's talc, right?
"Correlative SEM/EDX of the control tissue blocks showed a total of four talc particles across all patients: two in patient 2 (right ovary) and two in patient 3 (right fallopian tube). Of note, in Supplementary Table 1, both these patients had pelvic surgery more than 30 years prior to their ovarian cancer surgical procedure."
Oh crap! Those are talc particles in the tissue in the people not exposed to talc. Where did it come from? Oh, but it's probably the surgery they underwent prior!
Which on the surface makes sense - gloves, instruments, gauze, needles might have talc particles on them. Hell, all these tissue samples were removed and then handles by a lab as well - a ton of more exposure to talc is possible! In both the test and control subjects.
But anyways, yeah, it was introduced during surgery, that explains why we see talc in the non-exposed controls. But wait!
"Among the five patients in the main study, two had a history of tubal ligation"
Oh man! The patients that did use talc had surgery too! But the article doesn't call out the contradiction - if the reason for the talc in the controls is surgery, and your test subjects also had surgery, then you should find talc too! They just call out the surgery in an attempt to claim that with a tubal ligation, talc should be blocked from moving up the fallopian tubes. They don't even realize they contradicted their own results.
Jesus Christ this is a terrible, terrible paper. Written up and published for the sole purpose of trial lawyers - the authors had made plenty of money testifying to that fact.
Then on top, they do a bunch of hand wavy stuff to explain away the talc in the samples of the non-exposed, but don't realize at the same time they are explaining away the results in the people exposed too.
Pure garbage.
They did address this and noted that in patients with tubal ligation the talc distribution was different and lymphatic rather than “mechanical” through the fallopian tubes.
Still not sure what your angle is here.
It’s known that talc is inflammatory. It’s literally used with that intention medically. We don’t use powdered latex gloves in the modern day nearly as frequently as before, mostly because of latex allergy but also due to concerns that talc exposure leads to worse peritoneal scarring/adhesions.
The fact that talc is present inside the surgical specimens is bad in and of itself, regardless of how it got there. That implies an environmental cause for the malignancy, a la asbestos or smoking.
This is absolutely incorrect.
Several genes are commonly mutated in mesothelioma, and may be prognostic factors. These include primarily BAP1, NF2, and TP53;[63] epidermal growth factor receptor (EGFR) and C-Met, receptor tyrosine kinases can also be altered and overexpressed in many mesotheliomas.
The specific cancers that fit directly into the category you are carving out for mesothelioma are squamous and adénocarcinomas of the oesophagus, gastric mucosa and large bowel; lung cancers and other cancers of the epithelium.
The basic pathological process underlying cancer is cell dysplasia (usually caused by irritation/prolonged inflammation) which leads to metaplasia. Whether this is driven by a de novo mutation in that cell or from an external source is totally irrelevant and mesothelioma is certainly not unique in how it comes to fuck you up
The last time I looked, it was being sold as though it was a controlled substance alongside laboratory grade ethanol, etc.
On the one hand, baby powder causes ovarian cancer (there is evidence that this is true for talc that is not contaminated with asbestos, despite J&J’s long disinformation campaigns).
On the other, if you want to use it in an application where it is perfectly safe, it’s essentially impossible to buy an appropriate product.
The amount of asbestos actually found in the powder was ridiculously low.
The only smoking gun was some internal emails where executives had some higher than baseline internal tests and they argued about the accuracy/reliability of them.
Based on everything I have read, I would not be concerned in the slightest about using Talc powder.
Asbestos was bad, but people have been conditioned to overrate it's danger to casual exposure because of the lifelong exposure to mesothelioma litigation where lawyers had a field day.
Have you seen anything newer that resoundingly disputes this and the studies cited herein?
More recent, and accounting for more recent studies: https://www.sciencedirect.com/science/article/pii/S209379112...
Secondly, this only establishes a correlation (and a relatively weak one at that). But there are lots of other plausible links between choosing to work in a low income asbestos industry and ovarian cancer.
I'm not saying J&J did nothing wrong, but if you read the documents their testing scheme actually far exceeded the federal requirements and they regularly changed suppliers if they felt there was a risk of asbestos. Them throwing out outlier test data is only suspicious with the post-hoc assumption they were guilty of hiding something.
Certain other medical products imposed on the population raise similar concerns…
Talc is a rock. Rocks co-mingle with many minerals. As a rockhound, this is super evident. Tiger's eye is basically sealed in Asbestos. If you cut it with a tile saw you'll get very unhealthy tiny knives in your cells.
Rock powders are generally very harmful for people. Tile/countertop cutters get sick after working about 5-10 years, and that's with PPE.
It's basically a complex carbohydrate. It's not inert, bacteria can feed on it. It tends to clump when wet. Seems like the exact opposite of what you'd want to put on potentially sweaty parts.
Talc is fantastic - it's basically an inert mineral. It can get wet, and it's still talc. Bacteria can't feed on it.
I wouldn't just lump all "rock powders" together in terms of risk. Asbestos is risky because of it's physical form and iron content. Other minerals don't have the same risk.
I would avoid inhaling any powders in general - whether rock powder or not.
> Tile/countertop cutters get sick after working about 5-10 years, and that's with PPE.
I am not sure that is really true. There may be PPE involved but its either not being used properly or they are not capturing the dust properly.
What does exist: extremely sympathetic cancer patients that used talc, a faceless multinational corporation as defendant, a few documents in what was a huge amount of discovery that suggest disagreement over quality controls approaches and confidence in results, a bunch of plaintiff's attorneys on contingency-fees.
Add in a significant dose of innuendo and hand-waving and you're eventually going to find a jury that'll give you a billion dollar verdict, and so it happened.
"riddled with asbestos"
"introducing a whole bunch of asbestos [while using baby powder]"
"[asbestos is] known for causing [cancer] for decades" (this is implicitly referring to inhalation - the link to ovarian cancer via genital contact is way, way less solid, isn't it?)
- is amoral
- is required and heavily incentivized by shareholders to maximize business value/output/growth at all costs
- is lead by people who cannot be held responsible for bad behavior (prison time)
You have to expect the worst. You have to assume they are going to do the absolute worst behavior they can get away with, that they will operate up to a millimeter away from the law, and sometimes go over the line if they think they can. The entire system is set up such that they would be foolish not to. IMO we should presume guilt instead of innocence when it comes to corporations--there is no reason to think they would voluntarily uphold some ethical or moral code if it meant lower profits.
2. They're a publicly traded company. Shareholders are we.
3. This sounds like the "if you're not religious, what's stopping you from killing people all the time?" logic
Furthermore, the extremely politicized nature of the vaccine development process[0] constrains corporate misbehavior. In other words, the CEOs knew they had eyes on themselves and had to restrain themselves. Corporate misbehavior is far more likely when the public stops caring and corporations can start capturing regulatory agencies. In other words, their evil is very boring. "Company invents new vaccine that kills people" is an unusually sexy kind of evil, which means it gets unusually scrutinized. "Company neglects higher-than-average asbestos in talcum powder" is so boring nobody cares even after they get nasty cancer.
[0] Which, oddly enough, resulted in Trump getting booed for taking credit for the vaccine he funded.
[1] As far as I'm aware, these risks have not borne out into increased harm from the vaccines. I feel like there would have been a conservative media shitstorm if it had.
But in this case weren't the makers actually indemnified? Here's a CNBC article from 2020 called "You can’t sue Pfizer or Moderna if you have severe Covid vaccine side effects. The government likely won’t compensate you for damages." https://www.cnbc.com/2020/12/16/covid-vaccine-side-effects-c...
Side note you mentioned you took "all" the vaccines but if you haven't gotten a dose since at least mid-Sept 2023, you are recommended to get another one: https://www.cdc.gov/coronavirus/2019-ncov/vaccines/stay-up-t...
Many people took them and were fine, but that doesn’t mean all people who took them were fine.[1]
0 - https://www.cureus.com/articles/196275-increased-age-adjuste...
1 - https://abcnews.go.com/amp/GMA/Food/panera-bread-issues-new-...
These old companies were founded in a society that had clear values, and many of those companies reflect those values. Even modern companies frequently have moral values, for instance, Zappos. As a society, though, we have jettisoned those old, constraining Christian/Protestant values, and the prevailing value, to the extent I can identify it, is a Marxist, everything is just the use power to oppress. If we take that as our value system, then that is what we'll become. So if you don't like companies living out that value, then it behooves you to promote the kind of values that benefit society and bring people together.
However, it doesn't sound like anyone has actually done any testing like this.
Even assuming that there was indeed a microscopic amount of asbestos in talc, you should be aware that you're breathing in probably ~5,000 asbestos fibers every day - that's about the ambient level from naturally occurring asbestos in air. If you do yard work, or you drive off-road, then you're probably getting more than that.
The evidence that talc causes cancer is "limited at best" (I'll let people do their own searches and come to their own conclusions). But to me this seems similar to silicone breast implants, where billions were paid out and companies bankrupted despite the fact that there is essentially no scientific evidence that silicone breast implants cause cancer.
https://en.wikipedia.org/wiki/Talc#Association_with_asbestos
As far as I can tell, talc can be contaminated with asbestos, but you can test for this and use processes that avoid/remedy the contamination, which J&J ostensibly did - meanwhile, the cases against them seem statistically meaningless as described in all the articles. And then every time a scientific link to cancer is mentioned, it's never made clear if the link is significant, and whether the link is from mined talc that might be contaminated, pure talc, or the J&J product on the shelves which might be contaminated, only the latter two being meaningful. And regardless, J&J claims this link is junk science, and are confident enough to be suing to prove that, so I guess I look forward to seeing the result of that.
The only case that seemed significant was that J&J was found to have covered up contamination, but they seem to continue to contest this and I can't find any details on what the evidence was. E.g. is J&J claiming it wasn't contaminated, or are they claiming it was, but not to dangerous levels even over decades of use?
Very annoying.
This article doesn't go into the details too deeply but however bad it was, sounds like it went on for a while...
https://www.nbcnews.com/health/health-news/johnson-johnson-k...
They tested, found asbestos, then lied to the FDA saying that there wasn't any when there had been, tried to get the FDA to allow certain amounts of asbestos in their products, and when faced with lawsuits repeatedly obstructed efforts to get their internal documentation/communication on the subject.
> meanwhile, the cases against them seem statistically meaningless as described in all the articles.
That's a bizarre metric. How many people who got cancer would have detected it, realized that it was from baby powder, had the time, strength, and money (while fighting cancer) to get lawyers and go to court over it?
https://www.cancer.org/cancer/risk-prevention/chemicals/talc...
Someone above linked to this: Asbestos Exposure and Ovarian Cancer: A Meta-analysis (https://www.sciencedirect.com/science/article/pii/S209379112...) which concludes: "This meta-analysis provides evidence of a significant association between asbestos exposure and ovarian cancer mortality."
You might not be aware of any hypotheses that asbestos is a factor in ovarian cancer, but it seems others have for a very long time. In 2017 Germany considered ovarian cancer caused by asbestos to be an occupational disease. A link between talc and ovarian cancer was suggested back in the 1960s.
Talc, as something that causes cancer, has been being researched for a very very long time.
Yet appears to have become an article of faith for many on here; a least judging by the downvoting and ridicule heaped on those who dared question the narrative (and questionable evidence) in earlier posts.
Frankly, this appears to be a US thing, as nobody has heard of this supposed link in Blighty.
Mesothelioma is one thing. One of the drivers of malignant mesothelioma (which is caused by inhalation of asbestos) is a chronic state of inflammation caused by the inability to remove or degrade the asbestos fibers.
But in ovarian cancer the major mechanisms are not inflammatory in nature. Depending on the type (there are a few), usually it's a mutation in a key gene that then causes other, larger alterations in the chromosomes and ultimately a malignant outcome.
Now, mutations can be caused by inflammation (in particular due to the release of reactive oxygen species or ROS), but as fa as I'm aware, mechanisms of asbestos-like chronic inflammation being a cause (not a link, a cause, I mean with a molecular explanation) are not widely reported in literature and I haven't heard anything like that from my peers (much more knowledgeable than me on the topic).
(Genuine question, not rhetorical, not intending to make any point with it)
> One of these, published in 1993, was a US National Toxicology Program report, which found that cosmetic grade talc containing no asbestos-like fibres was correlated with tumor formation in rats
Thats a lot different than applying it to your body. If I inhale sand for 6 hours a day for 113 weeks I would not be surprised to get tumors as well, I still go to the beach.
Most things around us we touch could cause tumors if we inhaled them constantly over time.
In nature, the majority of talc deposits also contain asbestos. Even worse, the form of asbestos in those deposits is the most cancerous form of it.
So basically what was happening was that women were using baby powder as a absorbent to keep their lady parts feeling fresh, but were introducing a whole bunch of asbestos in the process. This is on top of the dubious idea of putting talc on your hoo-haa to begin with.
Not so uncommon where I live. BTW, baby girls ALSO have ovaries, and they use talc for prolonged periods of time.
I also use talc in my groin. Not often, but still. Prostate cancer is not a concern for older males (we all develop it some time), but testicular cancer is a thing (mostly in children)
I’m sorry? What?
Prostate cancer is definitely a concern in males, and in no-way is it expected or an inevitability.
I remember reading somewhere that if you biopsied those that died of 'old-age' then it would be present in some form. So it's not a question of if, but when, and when, whether it'll be the thing that gets you before something else gives out.
An urologist whom I helped with typesetting of his PhD thesis (in LaTeX, funny guy) told me once that in patients over 70, basically everyone has some cancerous cells in his biopsy samples, but that these usually aren't actually dangerous to the patients.
Prostate cancer, as others have mentioned, is guaranteed, like death. But it is not something that affects most men's life beyond the worry of getting it.
Going offtopic: Colorectal cancer is a more pressing matter for older adults. Correct Screening saves lives.
It’s not too far fetched since the uterus and lungs are both lined with similar types of epithelial and mucosal cells.
It was allegedly contaminated beyond a couple of confirmed samples that contained very low levels. It was never demonstrated that the issue was widespread or that any plaintiff had ever purchased a contaminated product.
That isn't to say that there isn't/wasn't a problem, but "sourcing was riddled with asbestos" is a gross overstatement.
And the correlation here is really weak - all women who developed ovarian cancer and also happened to use talc at some point in their lives.
Looks like there are also suspicions towards talc itself, but it might be hard to prove that J&J was negligent in that regard. Unless there's been some cover-up that I/we don't know about.
Abestos is not harmful just by touching it, you get cancer from it by breathing it in significant quantities over time (or ingesting it).
Like when you're paying taxes, an accountant using every possible tactic they can to reduce your tax burden is simply good accounting.
Isn't this just abusing the system?
What J&J tried to do was fund the subsidiary with however much they thought they'd be liable for and treat claimants as creditors to the bankrupt subsidiary. Bankruptcy law is designed to deal fairly with all creditors. The alternative is that a couple of gigantic judgments against J&J right at the beginning would leave no money for people who sued later.
The courts rejected this approach, not because of unfairness specifically, but because J&J had provided funding to the subsidiary. If the subsidiary has money, it can't be bankrupt yet.
If the subsidiary ultimately pays all claims to everyone who is entitled (a big if), it isn't necessarily wrong. [1] The one downside is claimants can't go after all of J&J's assets in the event of a huge victory.
I'm recounting all this from columns I read while back, so someone please correct me if I got details wrong.
1. https://www.investopedia.com/texas-two-step-bankruptcy-defin...
>"So you might want to file for bankruptcy to pay off all your victims fairly and, perhaps, cheaply, even if their claims will not really “bankrupt” you in the traditional sense. But in fact that is kind of a drastic step, expensive and disruptive and risky and probably bad for shareholders. No chief executive officer of a big company wants to file for bankruptcy if it is not strictly necessary.
> There is a neater approach:
> -You put the liabilities in a box. You create a new subsidiary, you put the product-that-kills-people business in that subsidiary, and you transfer the liabilities related to that product to the subsidiary. This is, in general, hard to do, but in fact Texas has a weird merger law that allows it: You can “merge” your company into two companies, one with the liabilities and one with the rest of the business.
> -You have the box — the new subsidiary with all the product liabilities — file for bankruptcy. You get fair and consistent adjudication of the product claims, inside the box, and the rest of the company just goes along relatively normally.
> This is called the “Texas two-step.” In its extreme form it sounds like very bad cheating: You can’t really put all the liabilities and none of the money in the box; that is just a way to defraud victims, and surely they’d find a way to do something about it. But a milder form of the Texas Two-Step is that you put the liabilities in the box, put the box in bankruptcy, but have the parent company guarantee its product liabilities. (Perhaps up to some reasonable number, perhaps not.) Then you can say “no, we are not doing this to get out of paying our liabilities; we are doing it to pay them in a fairer and more consistent way.”
Nice-to-have convenience products are very easy to drop at the slightest potential health risk, and that's what I've seen with baby powder (I'm not seeing much uptake on the alternatives because the talc-cancer link gives a vague maybe-need-to-be-cautious taint to the product category as a whole).
I would be interested to hear if someone thinks that usage of baby powder is still popular and my anecdote-based sense of things is wrong.
They've known about this issue for a long, long time and decided to just change who they sell it to from wealthy, "discerning" people to groups of lower socioeconomic status. This will be a tarnish on J&J's reputation for a very long time.
The kicker: "Court documents have revealed that Johnson & Johnson knew its talc contained asbestos as early as the 1950s"
My children's school district contains way more than a trace amount of asbestos. The administrators there know it. They aren't in federal court for failing to slap a warning label on the schools.
They should probably be warning people of the danger and if they are in violation of the laws concerning asbestos the school district should be taken to court.
One thing is clear, don't grind up your children's school district and then rub it all over a baby's genitals.
I assume part of the answer is some ratio of corporate assets or revenue, as well as how the fines are implemented.
Also am I reading this right? J&J formed a subsidiary that’ll absorb these liabilities? How is that legal? What happens if that subsidiary disappears? Couldn’t any company conceivably let go of their liabilities by putting it in some other company?
>The company tried filing LTL in bankruptcy twice before — and both times the case was rejected as courts ruled the parent company was financially capable of paying the claims without bankruptcy protection.
Also know as the Texas two-step. https://en.wikipedia.org/wiki/Texas_two-step_bankruptcy
No, that’s fraud. This is a way to use bankruptcy to pay out claims versus reduce them—the parent company guarantees the subsidiary’s liabilities.