Nov 5 (Reuters) - Television advertisements soliciting
claims from people who say they got cancer from talc powder
products dramatically increased in September, the same month
that Johnson & Johnson ( JNJ ) said it would pay more than $9 billion to
resolve talc claims as part of a proposed bankruptcy settlement,
according to new data.
Data from mass tort advertising tracker X Ante shows
plaintiffs' attorneys spent more than $778,000 to air more than
4,600 TV ads soliciting the claims, the most spent on talc ads
since August 2023, according to X Ante founder Rustin
Silverstein.
September's ad spending, an increase of more than 65% over
the previous month, is still far less than lawyers were spending
on ads in 2023, according to Silverstein. But it could represent
a final push for clients from plaintiffs' attorneys who see the
latest settlement offer as a potential end to the litigation.
Johnson & Johnson ( JNJ ) is facing lawsuits from more than 62,000
plaintiffs who say they were diagnosed with cancer after using
baby powder and other talc products, according to a company
filing.
That number is as high as 100,000 when counting claimants
who haven't sued, Erik Haas, J&J's global vice president of
litigation, has said.
The company has maintained its talc products are safe and do
not cause cancer.
A spokesperson for Johnson & Johnson ( JNJ ) declined to comment on
the ad spending.
Johnson & Johnson ( JNJ ) has sought to resolve the claims through
bankruptcy, a proposal that faced stiff opposition from some
plaintiffs' attorneys and has been rebuffed twice by federal
courts.
Some plaintiffs' attorneys support the deal as the best way
to get compensation for their clients, while others argue that
the settlement value is too low and that wealthy companies like
J&J should not be allowed to use the legal system to gain
bankruptcy protections meant for people and companies that
cannot afford to pay their debts.
The jump in advertising came after Johnson & Johnson ( JNJ ) upped
its proposed settlement in early September to resolve the claims
by an additional $1.1 billion, bringing the potential value of a
settlement to more than $9 billion paid over 25 years.
J&J's latest settlement offer addresses allegations that
talc caused ovarian and other gynecological cancers, which are
the bulk of the claims J&J faces.
On Sept. 20, a Johnson & Johnson ( JNJ ) subsidiary filed for
bankruptcy for a third time after the company said the majority
of talc claimants had voted in support of another filing. The
goal is to use the proceeding to resolve all current and future
claims over talc.
After September's increase, the TV advertising for talc
claims dropped off steeply in October, according to Silverstein.
Silverstein and his company X Ante track spending in television,
radio and social media advertising of attorneys seeking
claimants for mass torts.