Johnson & Johnson hit a roadblock as the court rejects its talc settlement, raising questions about future legal strategies.
Johnson & Johnson’s stock experienced a significant drop of over 4% on Tuesday after a U.S. bankruptcy judge dismissed the company’s $10 billion settlement proposal. This proposal aimed to resolve thousands of lawsuits claiming the company’s baby powder and other talc products were contaminated with asbestos, leading to ovarian cancer.
This marks the third occasion where Johnson & Johnson’s attempt to use bankruptcy to settle these claims has been unsuccessful. Currently, the company is entangled in legal battles with more than 60,000 claimants. The proposed settlement sought to conclude these lawsuits and prevent future ones.
The company stated: “We plan to return to the tort system to litigate and defeat these baseless talc claims,” emphasizing that there will be no appeal against the ruling. During a discussion with investors and analysts, Johnson & Johnson cautioned plaintiffs against expecting a similar resolution outside of bankruptcy.
Critics of the settlement, including legal representatives for some cancer victims and a government bankruptcy monitor, argue that the company’s financial state does not warrant bankruptcy protection. They assert that the third bankruptcy, like its predecessors, should be dismissed.
Johnson & Johnson’s Chief Financial Officer, Joe Wolk, stated, “Given this was our best and final offer, we are reversing $7 billion in the reserve previously held for the bankruptcy plan.” The company maintains its stance that its products are safe, asbestos-free, and do not cause cancer.
In 2020, Johnson & Johnson ceased selling talc-based baby powder in the U.S., opting instead for a cornstarch alternative. As of premarket trading, the company’s shares had declined by 4.1%, standing at $159.
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