The U.S. Department of Justice and the Securities and Exchange Commission are investigating claims that Johnson & Johnson concealed asbestos contamination in its popular baby powder and other talcum products.
The two agencies, along with Sen. Patty Murray, D-Wash., the top Democrat on the Senate Health Committee, have sent inquiries and served subpoenas on the New Brunswick, N.J.-based company, according to a regulatory filing on Wednesday, and Johnson & Johnson is cooperating with each of them.
“I am troubled by recent reports of an alleged decades-long effort by Johnson & Johnson to potentially mislead regulators and consumers,” Murray wrote in a Jan. 29 letter seeking proof that the company’s talc products don’t contain trace amounts of asbestos, a carcinogen. She also requested 50 years of related correspondence between J&J and the U.S. Food and Drug Administration.
“A series of lab reports conducted for the company between 1972 and 2003 confirmed that the company’s talc and finished powder products tested positive for asbestos,” Murray said, citing reports, but it’s “unclear whether the company disclosed to the FDA that some of its tested samples contained contaminants.”
Johnson & Johnson maintains its powder “is safe and asbestos free,” and that studies of 100,000 people have shown talc doesn’t cause cancer or asbestos-related disease.
Talc, a mineral consisting mainly of magnesium, silicon, and oxygen, sometimes contains asbestos — linked to mesothelioma as well as ovarian and other cancers — in its natural form, according to the American Cancer Society. Since the 1970s, manufacturers have routinely tested mined talc to ensure it’s asbestos-free before using it in cosmetic products.
Johnson & Johnson acknowledged mounting product-liability lawsuits over its baby powder, with cases filed primarily in Missouri, California, and New Jersey, in this week’s filing. Chief Executive Officer Alex Gorsky has previously promised to appeal a $4.7 billion verdict against the firm in a Missouri lawsuit.
“Scientific and regulatory bodies, including the National Cancer Institute and the U.S. Food and Drug Administration, have fully reviewed the full body of scientific evidence on multiple occasions and found that it does not support the allegation that talc causes ovarian cancer,” Gorsky told investors after the Missouri award.
The healthcare-product manufacturer’s shares tumbled 1.1 percent to $134.81 in New York trading on Thursday, paring gains so far this year to 4.5 percent.
