Talcum powder litigation has become one of the largest mass torts in U.S. history, with tens of thousands of lawsuits filed against manufacturers like Johnson & Johnson (J&J). Plaintiffs allege that long-term use of talc-based products—especially those contaminated with asbestos—led to serious illnesses such as ovarian cancer, mesothelioma, and meningioma. In response, J&J has proposed multiple national settlement plans, aiming to resolve current and future claims. But who exactly is included in these proposals—and what do they mean for victims?
This article breaks down the scope of the national talcum powder settlement proposals, eligibility criteria, and what plaintiffs should know before accepting or rejecting an offer.
Background: Johnson & Johnson’s Settlement Strategy
Since 2020, J&J has attempted to resolve talcum powder litigation through a series of bankruptcy-based settlement proposals, most recently through a subsidiary called Red River Talc LLC. The company’s goal was to create a trust fund to compensate victims while shielding itself from future liability.
- October 2020: First public offer to settle over 1,000 lawsuits for $100 million
- April 2023: Proposed $8.9 billion settlement for ~60,000 plaintiffs
- September 2024: Red River Talc filed for bankruptcy to finalize an $8.2 billion settlement
- March 2025: A federal judge rejected the bankruptcy and settlement plan, citing flaws in the voting process and lack of financial distress2
Despite these setbacks, the proposals offer insight into who J&J intended to include—and who may still be eligible if future settlements are approved.
Who Was Included in the Proposed Settlement?
1. Current Plaintiffs in MDL No. 2738
The bulk of talcum powder lawsuits are consolidated in Multidistrict Litigation (MDL) No. 2738, located in the U.S. District Court for the District of New Jersey. As of July 2025, the MDL includes over 63,000 active cases.
These plaintiffs were the primary targets of J&J’s proposed settlement, which aimed to resolve:
- Ovarian cancer claims
- Mesothelioma claims
- Wrongful death lawsuits
2. State Court Plaintiffs
Thousands of additional cases are pending in state courts across California, Missouri, Illinois, Pennsylvania, and other jurisdictions. These plaintiffs were also included in the proposed settlement, provided they met eligibility criteria and agreed to the terms.
3. Future Claimants
J&J’s proposals included provisions for future victims who may develop talc-related illnesses. The trust fund was designed to remain active for 25 years, allowing new claimants to file and receive compensation.
However, critics argued that the proposed payouts for future claimants were too low and lacked transparency.
4. Family Members in Wrongful Death Cases
Surviving spouses, children, and estate representatives of deceased victims were eligible to participate in the settlement. These claims often involve:
- Funeral and burial expenses
- Loss of companionship
- Pain and suffering
Who Was Excluded or Controversially Included?
1. Retailers and Third Parties
J&J’s settlement proposal sought to release liability not only for itself, but also for:
- Retailers that sold talc products
- Kenvue, J&J’s consumer health spinoff
- Entities that had never filed for bankruptcy
This overreach was one reason the court rejected the plan, stating it violated plaintiffs’ rights to pursue claims in civil court.
2. Non-Ovarian Cancer Claims
While mesothelioma claims were included, other diagnoses—such as meningioma or fallopian tube cancer—were not clearly addressed. Plaintiffs with emerging diagnoses may need to file separate claims or wait for future settlement proposals.
3. Plaintiffs Who Did Not Vote or Were Misrepresented
The court found that many votes in favor of the settlement were collected by attorneys, not individual plaintiffs. At least half of the votes were deemed invalid, raising concerns about consent and representation.
Eligibility Criteria for Settlement Participation
To qualify for a talcum powder settlement, plaintiffs typically must:
- Have a confirmed diagnosis of ovarian cancer, mesothelioma, or another talc-related illness
- Demonstrate regular use of talc-based products (e.g., Johnson’s Baby Powder, Shower to Shower)
- Provide medical records, product history, and witness statements
- File within the statute of limitations, which varies by state
Family members filing wrongful death claims must also provide a death certificate and documentation of talc exposure.
Proposed Payout Amounts
Settlement amounts vary based on diagnosis, damages, and evidence strength. Legal industry estimates suggest:
| Diagnosis | Estimated Settlement Range |
|---|---|
| Ovarian Cancer | $75,000 – $500,000 |
| Mesothelioma | $500,000 – $2,000,000+ |
| Wrongful Death | $750,000 – $3,000,000+ |
J&J’s proposed settlement offered fixed payouts for ovarian cancer victims, with funds reserved for future claimants. Critics argued that these amounts were far below jury verdicts, which have reached billions of dollars in some cases3.
What Plaintiffs Should Do Now
With the bankruptcy strategy rejected, plaintiffs have several options:
- Proceed with individual lawsuits in state or federal court
- Join MDL No. 2738 if not already included
- Consult an attorney to evaluate eligibility and filing deadlines
- Monitor future settlement proposals, which may offer revised terms
Attorneys recommend acting promptly, as statutes of limitations and court scheduling may affect your ability to recover compensation.
Final Thoughts
The national talcum powder lawsuit settlement proposals aimed to resolve tens of thousands of claims—but ultimately failed due to legal overreach, flawed voting, and lack of financial distress. While the proposals included current plaintiffs, future victims, and wrongful death claimants, they also attempted to shield retailers and third parties from liability, prompting judicial rejection.
For victims of ovarian cancer, mesothelioma, or other talc-related illnesses, the path to justice now lies in civil court. With new cases being filed and bellwether trials scheduled, plaintiffs have renewed opportunities to pursue full compensation.
References
- Consumer Notice. (2025). Talcum powder settlement: $8.2 billion Johnson & Johnson offer. https://www.consumernotice.org/legal/talcum-powder-settlements/
- LawFirm.com. . (2025). Talcum powder settlement | Payout amounts. https://www.lawfirm.com/product-liability/talcum-powder/settlements/
- Drugwatch. (2025). Talcum powder settlements – Verdicts & payouts. https://www.drugwatch.com/talcum-powder/settlements/
- Lawsuit Information Center. (2025). Talc baby powder lawsuit | July 2025 settlement update. https://www.lawsuit-information-center.com/2-billion-verdict-in-missouri-motivates-jj-to-settle-talcum-powder-lawsuits.html