Department of Commerce and Consumer Affairs

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
KA ʻOIHANA PILI KĀLEPA

 OFFICE OF CONSUMER PROTECTION

JOSH GREEN, M.D.
GOVERNOR | KE KIAʻĀINA

 NADINE Y. ANDO
DIRECTOR | KA LUNA HOʻOKELE

THOMAS MANA MORIARTY
EXECUTIVE DIRECTOR

FOR IMMEDIATE RELEASE
June 12, 2024

$700 MILLION SETTLEMENT AGAINST JOHNSON & JOHNSON FOR DECEPTIVE MARKETING

HONOLULU – The state of Hawai‘i Department of Commerce and Consumer Affairs Office of Consumer Protection and 42 other attorneys general reached a $700 million nationwide settlement to resolve allegations related to the marketing of Johnson & Johnson’s baby powder and body powder products that contained talc.

The consent judgment filed in this lawsuit addresses allegations that Johnson & Johnson deceptively promoted and misled consumers in advertisements related to the safety and purity of some of its talcum powder products. As part of the lawsuit, Johnson & Johnson has agreed to stop the manufacture and sale of its baby powder and body powder products that contain talc in the United States.

Johnson & Johnson sold such products for more than a hundred years. After the coalition of states began investigating, the company stopped distributing and selling these products in the United States and more recently ended global sales. While this lawsuit targeted the deceptive marketing of these products, numerous other lawsuits filed by private plaintiffs in class actions raised allegations that talc causes serious health issues including mesothelioma and ovarian cancer.

Under the consent judgment, Johnson & Johnson:

• Has ceased and not resumed the manufacturing, marketing, promotion, sale, and distribution of all baby and body powder products and cosmetic powder products that contain talcum powder, including, but not limited to, Johnson’s Baby Powder and Johnson & Johnson’s Shower to Shower (“Covered Products”) in the United States.
• Shall permanently stop the manufacture of any Covered Products in the United States either directly, or indirectly through any third party.
• Shall permanently stop the marketing and promotion of any Covered Products in the United States either directly, or indirectly through any third party.
• Shall permanently stop the sale or distribution any Covered Products in the United States either directly, or indirectly through any third party.

“This judgment ensures that these potentially harmful products are permanently removed from the U.S. market, marking a major victory for public health and consumer safety,” said Executive Director of the Office of Consumer Protection, Mana Moriarty. “This is a crucial step forward in protecting consumers from deceptive marketing practices.”

The state of Hawai‘i will receive more than $5 million from the settlement, to be paid out over the duration of three years. This settlement is pending judicial approval.

Texas, Florida, and North Carolina led the multistate settlement, with Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Hawai‘i, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin joining.

To read the pending settlement, click here.

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Media Contact:
William Nhieu
Communications Officer
Department of Commerce and Consumer Affairs
Email: [email protected]
Phone: 808-586-7582