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J&J Wins Dismissal of Claim Alleging Failure to Warn of Asbestos

April 28, 2020, 9:05 PM

Johnson & Johnson Consumer Inc. and Bausch Health US LLC won a California federal court’s dismissal of proposed class claims alleging they failed to warn that their Baby Powder and Shower to Shower talc products contained asbestos and misrepresented the powders as safe.

Louisa Gutierrez and Debbie Luna alleged the defendants’ conduct violated California consumer protection laws.

But the failure-to-warn claims warrant dismissal because they are an impermissible attempt to plead around the state’s Proposition 65 warning law, which requires businesses to notify consumers about the presence of cancer-causing chemicals, the U.S. District Court for the Southern District of California ...