Baby powder products recalled due to the discovery of harmful asbestos contamination.

Pundits have long expected talc-asbestos litigation to expand significantly in coming years. Part one of this expansion occurred in September 2024, when Dynarex voluntarily recalled sixty-two cases of asbestos-tainted baby powder designated for sale on Amazon. 

Asbestos is a naturally occurring mineral often found near talc, an ingredient in many cosmetic products,” the company stated in a news release. “Asbestos, however, is a known carcinogen, and its health risks are well-documented.”

A health problem several decades in the making

According to Cancer.gov, the mineral has been used commercially since the 1800s in construction, roofing, car-making, and more. Therefore, it’s still commonly found in attics, old vinyl flooring, siding, roofs, ceilings, insulation, drywall, and more. When asbestos fibers are disturbed and inhaled, they pose serious risks. Exposure can lead to lung damage and certain cancers, such as lung cancer or mesothelioma. 

Dynarex Corporation said the recall came after the Food and Drug Administration performed a “routine sampling” of the products, which revealed the presence of asbestos. Dynarex stressed that no illnesses or adverse effects were reported. “The company has ceased the distribution of the product as an investigation is proceeding to determine what caused the contamination of the talc,” it stated.

Food and Product Safety Recalls

Dynarex’s voluntary recall wasn’t exactly voluntary. As mentioned, the company only announced the recall after the FDA found tainted samples. 

Once upon a time, the FDA was a watchdog with sharp teeth that effectively protected consumers from dangerous products. Lawmakers formed this organization in the early 1900s, when it was legal to sell anything to anyone for any reason. Beginning in 1898, Bayer sold heroin, marketing it as a pain reliever and children’s cough suppressant. 

Today, the FDA’s bark is much, much worse than its bite. The FDA cannot order product recalls. It can only publicly pressure companies to “voluntarily” recall them. The FDA rarely exercises even this anemic power. Industry paid user fees account for two-thirds of the FDA’s budget. Most people naturally don’t want to bite the hand that feeds them.

Additionally, even if the FDA or another “watchdog” successfully pressures a company to recall a dangerous product, that recall doesn’t compensate the victims of asbestos exposure or other issues. Only an asbestos exposure lawyer can do that. More on that below.

Watchdog groups in the United States aren’t the only ones that have dropped the ball in this area, at least according to some. A recent report called out WHO and IARC for their failure to protect women from mesotelioma, a particularly nasty form of lung cancer.

Asbestos in Talc Products

The same qualities that make asbestos an excellent insulation mineral also make cross-contamination with talc almost inevitable.

Minerals like gold, silver, talc, and asbestos are scattered everywhere. Gold mines don’t just contain gold. They contain a wide array of other minerals as well. Generally, miners use heat to purify minerals. Other times, they sift, like those miner forty-niner prospectors in the movies. 

The challenge of removing naturally-forming asbestos from talc

Neither technique works with asbestos. As mentioned, asbestos is a fireproof substance. A blowtorch won’t disintegrate it. Furthermore, stray asbestos fibers are invisible. 20,000 fibers fit between Honest Abe’s mouth and nose on a U.S. penny.

There’s one other factor. Talc and asbestos are chemically similar in many ways. So, the deposits are usually interlaced. 

As a result, cross-contamination at the point of extraction is very common. Unless the raw material is scrutinized later, asbestos fibers generally leak into all talc-containing products, including:

• Cosmetics,
• Baby formula,
• Children’s toys, 
• Talcum powder,
• Processed foods, especially polished rice,
• Medical pills,
• Chalk dust,
• Chewing gum, and
• Dietary supplements.

Asbestos in talcum powder is the immediate cross-contamination concern. Johnson & Johnson has tried every trick in the book, including questionable bankruptcy filings, to avoid liability in this area. The company has already paid or set aside more than $7 billion to settle talc/asbestos claims, and that might be just the beginning. These fibers never deteriorate or lose their toxic potency.

Johnson & Johnson had two chances to purify its talcum powder and stop the ovarian cancer epidemic before it aggressively marketed this product to unsuspecting women. It failed both times.

Enfermedades del asbesto

Of all environmental and occupational toxins, asbestos might be the most dangerous one. These tiny particles destroy the body in several different ways.

Throat and Stomach Cancer

Swallowed asbestos fibers often cause one of these two diseases. Throat cancer impairs three essential body functions (talking, breathing, and swallowing). Because it’s so closely connected to other organs in the digestive tract, stomach cancer usually spreads quickly.

Asbestos exposure-related throat and stomach cancer is usually environmental. People who live and/or work near asbestos hotspots, such as mines, manufacturing facilities, and Navy bases, often swallow asbestos fibers. These fibers, which are only slightly heavier than air, can float for up to seventy-two hours.

Asbestos and 9/11

The floatation factor could impact the number of 9/11-related environmental asbestos poisoning cases. The toxic cloud that covered much of New York City on that fateful day drifted far past Ground Zero. Therefore, many 9/11-asbestos victims may be eligible for government relief. A remedy is available, but an asbestos exposure lawyer must dig deeper.

Additionally, toxic asbestos particles stimulate the production of free radical particles. These natural particles are highly toxic as well. Usually, they live and die in the blink of an eye. Asbestos basically causes these particles to linger for another blink of an eye. In that short time period, they often cause cancer.

Asbestosis and Pleural Thickening

Occupational exposure usually causes these lung diseases. Asbestosis is a lung disease also known as popcorn lung. When doctors use stethoscopes to listen to these victims breathe, the doctor hears highly disturbing popping and cracking sounds. Pleural thickening is an inflammation of the lung’s protective layer.

We mentioned asbestos occupational hotspots above. The U.S. government banned domestic mining in 2002, and around 1980, the Navy stopped using asbestos in its ships. About the same time, domestic manufacturers stopped using asbestos as well. However, foreign manufactured parts, especially from China, often still have high levels of asbestos.

Long-ago exposure could create severe medical problems today. The latency period for asbestos exposure-re;lated diseases could exceed fifty years.

Mesotelioma pleural

Occupational or environmental exposure could cause mesothelioma, making this form of lung cancer the most common asbestos exposure-related illness.

Asbestos fibers settle in the mesothelium, which is a layer of thick membranes that separates the heart and lungs. Most MRIs and other medical imaging tests can’t peer through all these membranes. Furthermore, as mentioned, since these victims show no illness symptoms for so many decades, most doctors have no reason to order more advanced tests.

The importance of early detection

Therefore, the tumor grows undetected. Generally, doctors locate the tumor when the cancer has spread to the lung itself, causing symptoms like shortness of breath, dry coughing, and trouble breathing. By that time, the mesothelioma has usually reached Stage II or III, making it much more difficult to treat.

The traditional combination of radiation, surgery, and chemotherapy may be ineffective. Chemotherapy drugs are a good example. Since the tumor is so large, doctors must up the dose, making the side-effects intolerable for most older victims.

Cutting-edge treatments, like gene therapy, show some promise. However, only a few such drugs are available and this therapy is mostly in the experimental stage.

As a result, the outlook for most mesothelioma victims is bleak. The average post-diagnosis mesothelioma survival period is under eighteen months.

An asbestos exposure lawyer cannot change what happened in the past. But a lawyer can make the future brighter for these victims and their families.