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Johnson & Johnson sues researchers who linked talc to cancer
By Dietrich Knauth
July 13, 20234:50 PM UTC
J&J's subsidiary LTL Management, which absorbed the company's talc liability in a controversial 2021 spinoff, last week filed a lawsuit in New Jersey federal court asking it to force three researchers to "retract and/or issue a correction" of a study that said asbestos-contaminated consumer talc products sometimes caused patients to develop mesothelioma.
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The company is also asking the court to force the researchers to disclose the patients' identities.
The lawsuits allege product disparagement and fraud, among other claims.
Adam Zimmerman, a professor at the University of Southern California Gould School of Law, said companies rarely file lawsuits over research they disagree with. It will be very difficult for LTL to prove that the researchers intentionally harmed J&J's reputation, which is required for product disparagement cases in New Jersey, but the company may view the lawsuits as a way to discourage other researchers or reclaim the narrative about talc safety, Zimmerman said.
"When a litigant starts suing opposing experts, that's very aggressive," Zimmerman said. "It sends a message that the gloves are off."...
https://www.reuters.com/legal/litig...esearchers-who-linked-talc-cancer-2023-07-13/
By Dietrich Knauth
July 13, 20234:50 PM UTC
- J&J alleges researchers used "junk science" to disparage company's products
- Defendants say the lawsuits are meant to "silence" scientists
J&J's subsidiary LTL Management, which absorbed the company's talc liability in a controversial 2021 spinoff, last week filed a lawsuit in New Jersey federal court asking it to force three researchers to "retract and/or issue a correction" of a study that said asbestos-contaminated consumer talc products sometimes caused patients to develop mesothelioma.
...
The company is also asking the court to force the researchers to disclose the patients' identities.
The lawsuits allege product disparagement and fraud, among other claims.
Adam Zimmerman, a professor at the University of Southern California Gould School of Law, said companies rarely file lawsuits over research they disagree with. It will be very difficult for LTL to prove that the researchers intentionally harmed J&J's reputation, which is required for product disparagement cases in New Jersey, but the company may view the lawsuits as a way to discourage other researchers or reclaim the narrative about talc safety, Zimmerman said.
"When a litigant starts suing opposing experts, that's very aggressive," Zimmerman said. "It sends a message that the gloves are off."...
https://www.reuters.com/legal/litig...esearchers-who-linked-talc-cancer-2023-07-13/