NEW YORK—Johnson & Johnson has set aside $400 million to resolve U.S. state consumer protection actions as part of its broader $8.9 billion effort to settle claims that its Baby Powder and other talc products cause cancer.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company intends to pay different types of cancer victims in a bankruptcy settlement. J&J has said that its talc products are safe and do not cause cancer. It is attempting for a second time to resolve more than 38,000 lawsuits in bankruptcy and prevent new cases from coming forward in the future.
LTL’s bankruptcy plan would pay $400 million into a separate trust for claims filed by state attorneys general alleging that J&J violated state unfair business practices and consumer protection laws by misleading consumers about the safety of its talc products.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy, joining cancer victims and the Justice Department’s bankruptcy watchdog, who have argued that a profitable company like J&J cannot benefit from bankruptcy protections meant for struggling debtors.
LTL’s first attempt at resolving the lawsuits in bankruptcy was dismissed after similar arguments, when a U.S. appeals court ruled that LTL was not in “financial distress” and ineligible for bankruptcy protection. LTL filed a second bankruptcy just over two hours after that dismissal, arguing that its second attempt was different because it had less money available and more support for a settlement.
LTL’s new filings also included more details on how the company would evaluate and pay cancer claims if the bankruptcy plan is approved.
From there, the proposed settlement applies discounts depending on the type and severity of cancer, the individual’s age, history of talc use and other factors. For example, a woman who used talc products weekly, had a family history of ovarian cancer and was diagnosed with stage II ovarian cancer at age 55 could be in line for a $21,125 payout under the plan.