Thousands of women suing Johnson & Johnson (NYSE:JNJ) over claims that its talc-based baby powder caused ovarian cancer cleared a key procedural hurdle after a court-appointed special master recommended that their expert witnesses be allowed to testify at trial.
In December 2025, a Baltimore jury ordered Johnson & Johnson and its subsidiaries to pay over $1.5 billion to a woman who claimed that decades of exposure to asbestos in the company’s talc-based products caused her peritoneal mesothelioma.
Reuters on Wednesday reported that the recommendation moves the long-running federal litigation closer to its first trial, potentially later this year, despite the company’s objections to the scientific evidence underpinning the claims.
The recommendation was issued by retired U.S. District Judge Freda Wolfson, who was appointed to evaluate expert testimony in litigation pending in federal court in New Jersey.
The cases involve more than 67,500 lawsuits alleging that Johnson & Johnson’s talc products caused ovarian cancer.
Expert Testimony and Scientific Standards
In product liability cases, expert testimony is often critical, as plaintiffs must show that a product is capable of causing the alleged harm. Wolfson’s recommendation allows plaintiffs’ experts to testify that there is a causal relationship between the use of Johnson & Johnson talc products and ovarian cancer, a position the company has consistently disputed.
U.S. District Judge Michael Shipp, who currently oversees the litigation, asked Wolfson to assess whether proposed expert testimony met federal scientific standards.
Her findings are advisory, and Shipp may consider objections from both sides before deciding whether to adopt them.
Citing a 658-page report, Reuters highlighted that Wolfson said the plaintiffs’ experts used methodologies reliable enough to be presented to a jury. She emphasized that her role was not to decide whether the experts were correct, but whether their methods met the legal threshold for admissibility.
Wolfson also recommended allowing testimony from experts presented by Johnson & Johnson to rebut the plaintiffs’ claims, ensuring that jurors would hear competing scientific views.
However, she agreed with the company that certain testimony should be excluded, including expert opinions linking heavy metals and fragrance chemicals in the products to cancer, as well as a theory that inhaled talc could migrate to the ovaries.
Some requests to exclude testimony were left unresolved, pending hearings scheduled later this month and in early February.
Company Response and Appeal Plans
Erik Haas, worldwide vice president of litigation at Johnson & Johnson, told Reuters the recommendation was flawed and that the company would appeal to Shipp. Haas said judges have a “gatekeeping duty” to ensure expert opinions presented to juries are reliable.
In October 2025, a legal claim involving 3,000 people was reportedly filed against Johnson & Johnson in the U.K., alleging that the company knowingly sold asbestos-contaminated baby powder.
JNJ Price Action: Johnson & Johnson shares were down 1.73% at $214.43 at the time of publication on Wednesday. The stock is approaching its 52-week high of $220.11, according to Benzinga Pro data.
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