WASHINGTON — The Supreme Court is leaving in place a $2 billion verdict in favor of women who claim they developed ovarian cancer from using Johnson & Johnson talc products.
The justices did not comment today in rejecting Johnson & Johnson’s appeal. The company argued that it was not treated fairly in facing one trial involving 22 cancer sufferers who came from 12 states and different backgrounds.
A Missouri jury initially awarded the women $4.7 billion, but a state appeals court dropped two women from the suit and reduced the award to $2 billion. The jury found that the company’s talc products contain asbestos and asbestos-laced talc can cause ovarian cancer. The company disputes both points.
Justices Samuel Alito and Brett Kavanaugh took no part in the court’s action. Alito owns $15,000 to $50,000 in Johnson & Johnson stock. Kavanaugh’s father headed the trade association that lobbied against labeling talc a carcinogen and including a warning label on talc products.
Ethicists contacted by The Associated Press said they did not think E. Edward Kavanaugh’s role required his son to step aside from the case.
Johnson & Johnson, which is based in New Brunswick, N.J., has stopped selling its iconic talc-based Johnson’s Baby Powder in the U.S. and Canada, though it remains on the market elsewhere.