Mass torts can be associated with big settlements. However, the impact of mass tort litigation isn’t solely financial restitution. These cases can also generate significant public exposure, corporate accountability, and institutional pressure.
Below we highlight three notable examples where litigation was followed by real change, providing a look into how mass torts can contribute to greater accountability and reform.
1. Johnson & Johnson Talcum Powder
Thousands of active lawsuits claim that Johnson & Johnson’s talcum powder products contained asbestos and use of those products caused ovarian cancer or mesothelioma. The FDA has publicly recognized a potential link between talcum powder use and ovarian cancer. Trials related to these claims are expected to resume, and new ones are still being filed.
In 2023, Johnson & Johnson permanently pulled their talc-based powder products from global markets. Momentum for stronger consumer protections also led to the passage of the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). This was the first major update to federal cosmetic laws in over 80 years, granting the FDA greater oversight of cosmetic safety.
2. Opioid Epidemic
Purdue Pharma and other drug manufacturers, distributors, and pharmacies were accused of fueling the opioid crisis by aggressively marketing opioids (like OxyContin) while downplaying addiction risks. The official sum of settlements reached between U.S. state and local governments and the major pharmaceutical opioid manufacturers, marketers, distributors, and retailers totals $56.9 billion.
Between 2016 and 2018, there were three laws enacted in response to the opioid crisis. The new regulation aimed to both lower the demand for, and supply of, opioids and reduce their potential harm. The funding in those laws complemented annual appropriations to agencies tasked with responding to substance use disorder, including opioid use disorder.
3. Roundup
Roundup, a widely used herbicide containing glyphosate, has been alleged to cause non-Hodgkin’s lymphoma and other cancers. Nearly 100,000 claims have been resolved through settlements totaling more than $11 billion. In 2023, Bayer removed glyphosate from residential Roundup products in the U.S., a move that followed years of public concern and ongoing litigation.
The potential impacts of mass tort litigation are far reaching and include financial settlements for the individuals that have been harmed and long term, meaningful changes in product safety and awareness for society as a whole.
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