KENYA — The African Centre for Corrective and Preventive Action (ACCPA) has sued U.S.-based multinational corporation, Johnson & Johnson (J&J), over the continued sale of talc-based baby powder in Kenya.

The ACCPA notes that though the product has been banned in some countries, it is still available for sale in Kenya. 

In a rejoinder, Johnson & Johnson’s company spokesperson, through a statement directly to this website, has denied the allegations by ACCPA to the court, assuring the users of the product of its safety.

“Johnson’s Baby Powder is safe, does not contain asbestos or benzene, and does not cause cancer. We stand firmly behind the safety of the product which is backed by decades of independent scientific testing by medical experts around the world. There are no sound scientific studies that support these claims, and we will vigorously defend the safety of our products in the courtroom,” the company informed us in its statement.

The ACCPA, in its application to the court, alleges that Johnson & Johnson uses benzene and talc in their baby powder products, which the American giant refutes that benzene is used in any of its powder products. 

“Benzene is not an ingredient in any of our products. Any suggestion to the contrary is inaccurate and misleading. Talc is an ingredient in talc-based Johnson’s Baby Powder and is listed clearly on the product label. Our talc is safe, does not contain asbestos, and does not cause cancer. Separately, it is also important to note that talc is a common and approved ingredient used in formulations for a variety of products around the world. For example, it is in foods we eat, like olive oil and rice, and products we use every day like antiperspirant,” the statement continues.

ACCPA is a non-governmental organization that holds that its mission is to promote and protects human rights, social and economic justice, and environmental sustainability in Africa through research, education, advocacy, and capacity building.

Through its executive director, James Mwangi Macharia, they want the High Court of Kenta to issue temporary orders barring J&J from continued manufacture, sale, importation, and distribution of the Johnson & Johnson Baby powder in the Kenyan market.

In a petition filed in Nairobi, the group wants to be allowed to make the lawsuit a class action by inviting other persons to the court proceedings.

The lobby group says there is scientific proof that benzene should not be used in the manufacture of drug substances and drug products because of its unacceptable toxicity and deleterious environmental effect.

Concurrently, it adds that talc causes cancer in humans, and since talc is contaminated by asbestos, a carcinogenic substance, it causes harm to its users.

“There is scientific proof that benzene should not be used in the manufacture of drug substances, excipients, and drug products because of its unacceptable toxicity and deleterious environmental effect,” excerpts from the suit read.

“The World Health Organisation (WHO) in a 2019 Report by its Department of Public Health, Environment and Social Determinant of Health, indicates that Benzene is a well-established cause of cancer in humans,” adds the lawsuit.

The ACCPA also noted that in the context, the usage and sale of the Johnson & Johnson baby powder have been banned in the European Union, India, and several African Countries including Tanzania, Zimbabwe, and the Republic of Cong

J&J however denies that the sale of its baby powder is banned in the EU, Democratic Republic of Congo or India. 

“Talc-based Johnson’s Baby Powder has not been banned in the European Union, India or the Democratic Republic of Congo. We are disappointed in the actions recently taken in Tanzania, Zimbabwe, and Rwanda. We do not believe any decision to stop sales or recall this product is supported by the strong science behind talc-based Johnson’s Baby Powder,” the firm’s statement read.

“There is sufficient evidence that Johnson & Johnson Services Inc and Johnson & Johnson (K) Ltd are aware of the severe and fatal results of their products,” continued the lawsuit.

The ACCPA notes that unfortunately the respondent ignored the fact and continued manufacturing and selling these products to the masses including Kenyan citizens despite having compensated claimants in the United States of America by the Johnson & Johnson Services Inc.

To support the case, the group has attached a copy of the American Foods and Drugs Administration Test results of the Johnson & Johnson baby Powder positive for asbestos.

“Johnson & Johnson Services Inc and Johnson & Johnson (K) Ltd have marketed the Johnson & Johnson Baby Powder par product description as ‘Made with purified talc and trusted by millions of parents’, a proof of widespread use of the baby powder by millions of Kenyans,” says Mr. Macharia in the affidavit.

Mr. Macharia adds that before filing the case he had written a letter to the Cabinet Secretary Ministry of Health seeking a total ban on the sale and distribution of the powder and has yet to get a response from the CS.

Consequently, the ACCPA has also sued the Cabinet Secretary Ministry of Health, Kenya Bureau Standards, and the Kenya Pharmacy & Poisons Board.

Johnson & Johnson baby powder faces condemnation for over a decade

Johnson & Johnson Baby Powder is arguably the company’s most famous product whose users are majorly babies and women, the latter using it for beauty purposes.

It has been sold for almost 130 years and became a symbol of the company’s family-friendly image.

Recently, in June 2023 the Rwanda Food and Drug Authority (RFDA) recalled Johnson’s baby powder and called upon the public to discontinue its use. While the RFDA did not specify the exact reasons behind the recall, previous claims from activists have suggested that certain ingredients in the powder, particularly talcum, may be linked to cancer.

J&J announced it had agreed to pay over USD8.9 billion to about 70,000 people who sued the company’s talcum powder products claiming they were contaminated with cancer-causing asbestos and the proposed settlement, will be paid out over 25 years.

Questions concerning the safety of using talc powder have been raised repeatedly in the last four decades. 

However, J&J has continued to deny any links between its baby powder and cancer. “Decades of sound scientific evidence and thousands of tests over the past 40 years, including by independent laboratories, universities, and global health authorities, have repeatedly confirmed that our talc-based powder is safe and does not contain asbestos. We also have rigorous testing standards in place to ensure our cosmetic talc is safe.”

While J&J insists that its baby powder containing the mineral talc is safe for use, it decided to discontinue its production and sale in the US and Canada, adding that it would end global sales of the baby powder containing the mineral in 2023, while transitioning its global powder portfolio to use corn starch in place of talc.

“This decision follows the 2020 discontinuation of the product in the United States and Canada, which was related to a decline in regional demand due in large part to changes in consumer habits and fueled by misinformation around the safety of the product and a constant barrage of litigation advertising. The decision to discontinue talc-based Johnson’s Baby Powder is unrelated to the safety of the product. Talc-based Johnson’s Baby Powder is safe and consumers can continue to purchase the product until supply runs out.”

 

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