FDA Proposing New Tests for Asbestos in Talc Products
Asbestos Exposure & Bans
Written by Travis Rodgers | Edited By Amy Edel
Congress passed a law in 2023 requiring the U.S. Food and Drug Administration to release new industry standards for asbestos testing in products. The agency will require manufacturers of all talc-containing products to test them for asbestos.
The FDA’s proposal follows years of lawsuits against Johnson & Johnson and other companies over allegations of asbestos-contaminated talc. New tests could help consumers remove doubts about the safety of talc-containing makeup, baby powder and other personal care products.
If approved, the new rule would require manufacturers to test samples of all talc products using polarized light and transmission electron microscopy. TEM illuminates samples with an electron beam. Companies can also obtain a certificate of analysis from their talc suppliers. The FDA will accept public comments on the proposed rule through March 27, 2025.
“We have carefully considered the scientific evidence and complex policy issues related to detecting and identifying asbestos in talc and talc-containing cosmetic products,” Linda Katz, a medical doctor and director of the FDA’s Office of Cosmetics and Colors, said in a recent news release. “We believe that the proposed testing techniques are appropriate methods to detect asbestos to help ensure the safety of talc-containing cosmetic products.”
Johnson & Johnson’s Bankruptcy Plan
Contaminated baby powder is at the heart of Johnson & Johnson’s legal troubles. A bankruptcy hearing is scheduled on February 18, 2025, to determine whether J&J’s proposed $8.2 billion settlement offer will be allowed to proceed.
The company’s offer includes a third attempt at filing for bankruptcy. The previous 2 attempts were denied after a judge ruled the company wasn’t in financial distress. In September 2024, J&J’s subsidiary Red River Talc LLC filed a “voluntary prepackaged Chapter 11 bankruptcy case.”
The Texas Two-Step strategy shifts the cost of talc lawsuits to a subsidiary before filing for bankruptcy. In July 2024, Senator Elizabeth Warren reintroduced legislation blocking the Texas Two-Step strategy. The Nondebtor Release Prohibition Act of 2024 would prevent nonbankrupt entities from using Chapter 11 to avoid legal liability.
More than 62,000 plaintiffs have filed lawsuits against J&J, claiming the company’s talc-based products were contaminated with asbestos. Asbestos causes cancer and is the primary cause of mesothelioma.
Approval of J&J’s offer would end thousands of pending lawsuits from plaintiffs diagnosed with ovarian cancer. Remaining mesothelioma cases will receive individual attention.
J&J ended the global sale of its talc-based baby powder in 2023. The company continues to argue its products were safe.
Asbestos Dangers
Asbestos, like talc, is a naturally occurring mineral within the earth. Asbestos is often found near talc, which can easily become contaminated with carcinogenic asbestos fibers.
Thousands of automotive, construction and insulation products were made with asbestos. It’s resistant to heat, electricity and corrosion. More than 60 countries have banned asbestos, but the material remains heavily regulated across the U.S. A ban on chrysotile asbestos was announced in 2024.
Inhaled or ingested asbestos fibers can become trapped in the body and cause inflammation and scarring. It can change DNA, causing cancer. In addition to mesothelioma, other asbestos-related diseases include lung cancer, asbestosis and COPD.
