Posted July 21

A California jury has delivered a momentous $18.8 million verdict to Emory Hernandez Valadez, a 24-year-old mesothelioma patient who was a longtime user of Johnson & Johnson’s baby powder. Valadez alleged that asbestos exposure from Johnson & Johnson’s talc-based baby powder led to the development of his cancer.

This trial has brought renewed attention to the issue of asbestos exposure, which continues to threaten public health. The United Sta

tes still does not have a comprehensive ban on the imports and use of this deadly substance. We know there is no safe level of asbestos exposure, which causes numerous fatal illnesses, including mesothelioma and various cancers. This is why we continue to urge Congress to act and ban asbestos by passing the Alan Reinstein Ban Asbestos Now Act (ARBAN) of 2023.

Throughout the trial, Valdez’s attorney Joseph Satterley argued that a responsible company would never market a product that exposes babies to carcinogens. He sought punitive damages surpassing compensatory damages, to hold Johnson & Johnson accountable for its alleged negligence. 

Johnson & Johnson has consistently denied any connection between its talc baby powder and asbestos or cancer. Across the country numerous plaintiffs have filed lawsuits against Johnson & Johnson, asserting that their talc-based products contributed to ovarian cancer and mesothelioma. In response, Johnson & Johnson subsidiary LTL Management filed for bankruptcy and proposed a single $8.9 billion settlement to cover present and future claims. This is a cynical maneuver that could impede the pursuit of justice and fair compensation for future deserving plaintiffs. 

Asbestos is a known carcinogen, responsible for the deaths of nearly 40,000 Americans each year. The Alan Reinstein Ban Asbestos Now Act will protect public health with a comprehensive ban on asbestos, and promote research into asbestos-related diseases to help those, like Emory, who already suffer from asbestos-caused disease.

While the justice system continues to work to hold corporations accountable for their negligence, when it comes to asbestos, Congress can act to prevent this pain and suffering from continuing for decades to come by ending the imports and use of asbestos once and for all.