Thousands of consumers in the United Kingdom could be set to seek compensation after scientific links have been made between the diagnosis of ovarian cancer and the use of talcum powder for personal hygiene and cosmetic purposes.
The science
Talcum powder is made from a substance known as ‘talc’, which is a naturally-occurring mineral. The mineral’s soft composition makes it suitable for personal hygiene and cosmetic purposes; it has been used in body powders and a variety of make-up products such as foundation and eye-shadow, for several generations.
However, talc in its mineral form has frequently been found in deposits close to natural sources of asbestos. Scientific studies have reported a risk of asbestos-tainted talc arising from the cross-contamination of both products during mining.
It is publicly known that exposure to asbestos fibers is the cause of mesothelioma - a deadly cancer commonly affecting the lungs and chest wall. Although the mining of asbestos was largely phased out in the 1980’s, it was previously used extensively in the construction industry in the 1960s and 1970s.
The legal basis
Consumers in the United States have already secured compensation against leading talc manufacturers after being diagnosed with ovarian cancer or asbestos-related mesothelioma following use of talc-based products in their daily regime. Claimants have successfully argued that manufacturers have failed in their duty to warn the public of the dangers associated with the use of talc-based products.
We previously reported on the cases of Lois Slemp who was awarded £85 million ($110 million) in compensation against Johnson and Johnson (J&J). Ms Slemp developed ovarian cancer following the use of J&J’s baby-powder, and associated products, for over 40 years. Claims have not been restricted to women. Stephen Lanzo, a 46-year-old New Jersey male, was awarded $37million after he claimed that his diagnosis of mesothelioma was caused by asbestos in the talc-based products he had used for over 30 years.
What next?
It will be interesting to see the progress of these claims. It is suspected that thousands of individuals in the UK may be affected, presenting a potentially strong case for a class action suit in the near future. Claimants arising from other issues of wide public importance, including the Volkswagen emissions scandal, are already taking advantage of the class-action procedure in England. The news comes as Scotland is also set to introduce its own class-action procedure.
If you would like advice in relation to a similar matter or any issue regarding defective products, you can contact our specialist solicitors.
