The UK talc litigation involving Johnson & Johnson continues to progress. We examine the latest High Court developments, including the Group Litigation Order, phasing of the claims, key questions around contamination and causation, and what happens next.
Most recent updates 2026
The talc cases have recently been back before the courts and in the latest judgment (Fuschillo & Others -v- Johnson & Johnson & Others (2026) Mrs Justice Hill DBE was asked to deal with:
Strike out applications against a number of claimants.
Phasing of the litigation.
Cost budgeting.
Whilst the strike out was rejected, 1,000 claimants (there were 1,964 originally) have been advised to discontinue because they do not fit the requirements of the Group Litigation Order (GLO) or intend to claim in other jurisdictions. Instead, the court ordered a managed discontinuance process, with monthly updates and a review of any remaining non-compliant claims at the next case management conference in November 2026.
This judgment is not entirely surprising given the initial claim numbers against known diagnosis numbers, other litigation globally and recent US news. It is understood that there is a backlog of over 8,000 enquiries/potential claimants sitting with KP Law .
The staged trial approach was approved with initial “Stage 1 issues” - which do not involve lead claimants - covering:
Whether the talc contained asbestos, fibrous talc or heavy metals.
The source of the talc.
Whether mining, milling or manufacturing processes introduced contaminants.
The adequacy and reliability of historical testing methods.
The amounts and doses of any contaminants present.
Generic causation, addressing whether any contaminants identified are capable of causing the alleged diseases.
It is expected these stage 1 issues will be listed to be heard in early to mid-2028 for six to eight weeks.
Cost budgeting was ordered which is a trend away from other GLOs and is not always helpful in such cases given the layering each time something in the litigation changes.
The issue of Johnson & Johnson’s knowledge is deferred. This could be interesting and might have some wider impact on the general knowledge to be adopted in asbestos cases, but it is more likely to be very specific to their corporate knowledge.
In our assessment, the generic causation aspects will be the ‘big issue’, especially now the claimants are aiming at heavy metals as a causative agent following the last amendments to the cases.
This case follows closely the recent news that Johnson & Johnson’ have agreed a $5.5 billion settlement of US claims, with the reported headlines from that being: -
It covers 76,000 claims outstanding and is aimed at the ovarian cases.
They have already settled most mesothelioma claims.
Payments will be $3.6 billion in 2027 and could reach $7 billion.
The above does not cover the UK cases and it will be interesting to see how this may impact that litigation.
Talc lawsuits in the UK: 2025 developments
A major legal action has been filed in the UK against Johnson & Johnson, alleging the company knowingly sold baby powder contaminated with asbestos. The claim, brought by approximately 3,000 individuals through KP Law, also names Kenvue as a co-defendant in the action. Estimated damages are expected to reach hundreds of millions of pounds, making it one of the larges product liability cases in UK history.
While class actions of this scale is a relatively new development in the UK against Johnson & Johnson, they are far from uncommon in the US where they have faced extensive product liability litigation. Thousands of lawsuits have been filed and claimants, many of whom developed mesothelioma or ovarian cancer, have received billions of dollars in compensation.
Johnson & Johnson at current denies the claim on the basis that their baby powder was compliant with the required regulatory standards and that it did not contain asbestos. According to the claimants, they hold internal memos that show Johnson & Johnson was aware its baby powder contained talc with trace amounts of asbestos. Instead of including warnings on the product packaging, the company allegedly focused on marketing and maximising sales, keeping the known fact of the product containing asbestos confidential. Baby powder containing talc stopped being sold in the UK in 2023. This claim marks a significant chapter in UK history with proceedings and investigations ongoing.
Talc products (asbestos settlement appears close) - 2024 developments
Johnson & Johnson has been the subject of thousands of lawsuits in the US courts which alleged that its baby powder and other talc products contain asbestos and has been the cause of ovarian cancer. The Times (2 May 2024), reports in an announcement by Johnson & Johnson that it is:
“moving forward with a $6.48 billion proposed settlement of 54,000 lawsuits” and that …“it will now vote with the hope of reaching consensus on a settlement of all current claims’’.
The claims are currently centralised in a New Jersey Federal Court Proceeding. The Times reports that the company has set aside $11 billion to account for all its talc settlements.
A statement issued by J & J claims that the plan will resolve 99.75% of pending lawsuits in the United States, with the remaining lawsuits relating to mesothelioma, which it says will be addressed outside the plan. The plan provides for a three month solicitation period during which ovarian claimants will have the opportunity to vote for or against the plan. If 75% of claimants vote in favour, a company subsidiary may file a consensual “pre-packaged” Chapter 11 Bankruptcy to secure its confirmation.
The statement from J & J references past and future litigation:
“Most ovarian claimants have not recovered and will not recover anything at trial. Indeed, the company has prevailed in approximately 95% of ovarian cases tried to date including every ovarian case tried over the last six years. In addition, based upon the historical run rate, it would take decades to litigate the remaining cases and therefore most claimants will never have “their day in court”.
How we can help
Our occupational disease specialists advise insurers and businesses on complex and evolving disease claims, including asbestos-related litigation and emerging areas of risk. Speak to our team for practical advice on managing claims, liability and exposure.
