A woman suing consumer health care giant Johnson & Johnson alleging the company should have included ovarian cancer warnings on its baby powder says it is irrelevant that she never developed the disease; she still suffered financial injury from buying the product under false pretenses year after year.
Plaintiff Barbara Mihalich’s response was aimed at Johnson & Johnson’s motion to dismiss her case and mischaracterize her claims as a personal injury lawsuit. Mihalich claims that she –and other women like her – would likely have never purchased the product had they known the powder could increase their risk of developing deadly ovarian cancer.
Research has linked long-term and frequent use of talc-containing products in the genital area for personal hygiene to ovarian cancer. The powder can travel into the uterus, up the fallopian tubes, and into the ovaries where it can trigger abnormal cell growth leading to cancerous tumors.
Last year, a jury heard the case of a woman who claimed long-term use of the company’s Shower to Shower body powder in the genital area caused her to develop ovarian cancer. The jury found in favor of the woman, adding that that Johnson & Johnson should have warned consumers of the risk.
Mihalich claims that she and other members of the punitive class suffered financial losses. Her suit alleges that Johnson & Johnson falsely reassured consumers that the product was safe and even encouraged women to use the product in their genital areas and in their babies’ genital areas.
Source: Law 360