In September, a notable surge in television advertisements seeking cancer claims from talc product users was observed, coinciding with Johnson & Johnson’s announcement of a $9 billion settlement offer to resolve the growing number of talc-related lawsuits. This uptick in legal advertising, which saw more than $778,000 spent on over 4,600 TV ads, marks the highest spending on talc-related ads since August 2023, according to data from mass tort advertising tracker, X Ante.
The spike, which reflects a more than 65% increase in spending compared to August, may signal a final push by plaintiffs’ attorneys as they race to sign up clients before a potential resolution of the litigation. Despite the increase in ad spending, it remains significantly lower than the peak levels seen in 2023, suggesting a strategic move by lawyers in anticipation of the settlement’s conclusion.
As of the latest reports, Johnson & Johnson is facing lawsuits from over 62,000 plaintiffs who allege that their cancer diagnoses—particularly ovarian and gynecological cancers—were linked to the use of the company’s talc-based baby powders. The company has consistently maintained that its talc products are safe and do not cause cancer, despite the growing number of claims.
The $9 billion settlement offer, which includes a $1.1 billion increase announced in early September, is part of J&J’s bankruptcy strategy to address the mounting litigation. The company has faced opposition from some plaintiffs’ attorneys who argue that the proposed settlement is insufficient and that corporations like J&J should not be allowed to seek bankruptcy protection intended for financially distressed individuals and smaller companies.
The settlement, which is structured to be paid out over 25 years, aims to resolve both current and future claims related to talc use. It comes after months of negotiations and two failed bankruptcy attempts by J&J to resolve the litigation. A recent bankruptcy filing on September 20—made by a Johnson & Johnson subsidiary—intended to address all current and potential future talc-related claims.
However, the advertising trends have shown a significant decline in October, with spending on talc-related legal advertisements sharply tapering off. This reduction could be seen as an indication that plaintiffs’ attorneys are awaiting the outcome of the bankruptcy proceedings, which may signal the end of the long-standing litigation.
The dynamic between plaintiffs’ attorneys and Johnson & Johnson reflects the ongoing legal and financial complexities of mass tort cases, where settlement negotiations continue to unfold amid competing interests.
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