If a judge signs off on Johnson & Johnson’s new $700 million nationwide settlement over its talcum powder products, Massachusetts can expect a payout of about $14.5 million, while Rhode Island will get nearly $7 million and New Hampshire will get just shy of $6 million.
The three states were among 43 that reached the agreement to resolve allegations related to how the company marketed the baby powder and body powder products, which have been blamed for allegedly causing cancer.
“This settlement marks a significant victory for consumer protection and public health,” said New Hampshire Attorney General John M. Formella on Tuesday, adding that the litigation is holding Johnson & Johnson accountable “for their deceptive marketing practices.”
“For decades, Johnson & Johnson prioritized its own financial profit and risked the health and safety of consumers, including vulnerable infants and children, by deceiving consumers about the purity of its products,” Massachusetts Attorney General Andrea Joy Campbell said in a press release. “I am proud to join this multistate settlement, which will stop the company from continuing its harmful practices and protect consumers both in Massachusetts and nationwide.”
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“The nearly $7 million Rhode Island will receive in settlement proceeds is a direct consequence of Johnson & Johnson’s alleged misrepresentations of the safety of their product,” Rhode Island Attorney General Peter F. Neronha said in a statement.
The company, which will not admit any wrongdoing as part of the settlement, has agreed to a permanent halt on manufacturing, marketing, and promotion in the United States of any products covered by the agreement. That includes all powder products that contain the mineral talc, including Johnson’s Baby Powder and Johnson & Johnson’s Shower to Shower powder. Newer products are made with cornstarch instead.
Johnson & Johnson, which has maintained that its products are safe, is still facing other litigation over the talc-based products it sold for more than 100 years. After it stopped using talc in its products for North American consumers in 2020, the company announced it would stop using the substance in its products sold worldwide in 2023.
Formella said the multi-state settlement sends a message that businesses must prioritize product safety.
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“This is a testament to the power of collective action and the commitment of state attorneys general to safeguarding the interests of the public,” he added.
The multi-state settlement was led by Texas, Florida, and North Carolina, and joined by Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.
Court filings indicate the settlement funds that New Hampshire receives will be placed in a consumer protection escrow account, which the attorney general’s office uses to fund the Consumer Protection & Antitrust Bureau.
Thanks to a change lawmakers wrote into the state’s budget last year, that escrow account’s capacity will increase from $5 million to $6 million on July 1. Any excess funds are to be deposited in the state’s general fund.
This article first appeared in Globe NH | Morning Report, our free newsletter focused on the news you need to know about New Hampshire, including great coverage from the Boston Globe and links to interesting articles from other places. If you’d like to receive it via e-mail Monday through Friday, you can sign up here.
Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.