The legal battle surrounding Johnson & Johnson’s talc-based products has unleashed a surge of television ads from attorneys seeking clients, with ad spending skyrocketing in September after the company revealed a whopping $9 billion settlement offer. The settlement, intended to resolve claims of cancer caused by J&J’s talc products, coincided with a sharp rise in outreach efforts by law firms.
According to mass tort ad tracker X Ante, led by Rustin Silverstein, more than $778,000 was poured into over 4,600 TV ads soliciting claims that month—an increase exceeding 65% from August. While this represents the highest ad expenditure since the summer of 2023, it still falls short of the aggressive campaigns of previous years. The burst of ads seems to suggest a strategic final push by plaintiffs’ attorneys as a resolution to the long-drawn litigation looms.
The stakes remain high for Johnson & Johnson, which is grappling with lawsuits from over 62,000 plaintiffs alleging their cancer diagnoses are linked to the use of talc products, notably baby powder. Erik Haas, J&J’s global vice president of litigation, has mentioned that the number climbs to around 100,000 when including those who haven’t yet filed formal lawsuits. Despite the relentless claims, J&J continues to assert that their talc products are safe and non-carcinogenic.
The corporate giant’s attempt to channel these claims through bankruptcy proceedings has met with fierce resistance. While some attorneys argue that the proposed settlement is inadequate, others view it as the most viable path to compensation for affected individuals. J&J’s latest offer in September added $1.1 billion to the previous amount, raising the total settlement potential to over $9 billion, payable over 25 years. This offer primarily addresses claims involving ovarian and other gynecological cancers, which dominate the case volume.
Amid this heated backdrop, a Johnson & Johnson subsidiary submitted its third bankruptcy filing on September 20, hoping to consolidate and settle all talc-related claims once and for all. The company has emphasized that a majority of claimants are in favor of this approach, even as opposition persists.
Interestingly, the ad frenzy appears to have waned by October, signaling a potential slowdown or strategic recalibration by the legal community. Silverstein, whose company monitors attorney advertising across various platforms, has observed these shifting patterns, reflecting the ever-evolving landscape of high-stakes corporate litigation.
