J&J Lawsuit Against Scientist Over Cancer Research Dismissed
U.S. District Judge Georgette Castner dismissed Johnson & Johnson’s libel claim against scientist Dr. Jacqueline Moline. J&J filed its lawsuit after Dr. Moline, the chair of occupational medicine at Northwell Health, published a paper in 2020 drawing a connection between talc-based products and cancer.
Dr. Moline’s paper discussed a connection between exposure to asbestos-contaminated talcum powder and asbestos-related diseases including mesothelioma. J&J is also suing 3 other scientists for publishing studies linking its talc-based products to cancer.
J&J’s subsidiary LTL Management filed the suits in 2023. The company claims the science behind these papers is “junk” and creates a “false narrative” about J&J and its products. While the suit against Dr. Moline has now been dismissed, the other lawsuits have yet to be decided.
Judge Finds Fault With J&J’s Allegations
Judge Castner found Dr. Moline’s paper didn’t engage in fraud, libel or false advertising. She dismissed J&J’s claims that the research Dr. Moline used in her paper was “verifiably false.”
LTL Management based its claim Dr. Moline’s paper was “false” on allegations that at least 5 of the 33 people included in the research study may have also experienced asbestos exposure from additional sources other than contaminated talc. The suit claimed Dr. Moline was aware of this when writing her paper.
Judge Castner dismissed J&J’s claim and noted Dr. Moline presented her research as “tentative scientific conclusions, not unequivocal statements of fact.” In her ruling, Judge Castner also dismissed the company’s suggestion that Dr. Moline’s previous expert testimony in cosmetic talc cases was a problem. She noted Moline’s research clearly disclosed her role in litigation.
Ultimately, the court found Dr. Moline’s work was protected free speech, but Erik Haas, global vice president of litigation for J&J, says the company will appeal the ruling. J&J maintains its products are safe and don’t cause cancer.