Products Liability Law Reporter

Nancy Cabibi used cosmetic talc for many decades, beginning in 1968. The products she used included Johnson’s Baby Powder, Shower to Shower, Cashmere Bouquet, and face powder. In 2017, at age 68, she was diagnosed as having malignant pleural mesothelioma. She has undergone various treatments, such as radical surgery, chemotherapy, radiation, and immunotherapy, but is unable to travel during her retirement as a result of her illness. An analysis of Cabibi’s tissue showed talc fibers and the presence of tremolite and anthophyllite asbestos.

Cabibi and her husband sued Johnson & Johnson and Johnson & Johnson Consumer Inc., alleging strict liability manufacturing defect and failure to warn. The plaintiffs argued that all exposures to asbestos during Cabibi’s lifetime contributed to her asbestos-related mesothelioma, and Johnson & Johnson was responsible for a majority of her asbestos exposure.

Despite the fact that Cabibi had never been exposed to asbestos-containing products at work, the defense argued that she had been exposed to asbestos while living in South Gate, Calif., an industrial area of Los Angeles.

The jury awarded the plaintiffs $40 million, which includes $20 million to Cabibi’s husband and $243,000 for past medical expenses. The jury attributed 67% responsibility to the Johnson & Johnson defendants; 12% to nonparty Colgate Palmolive; 15% to nonparty Imerys Talc America; and 3% each to nonparties South Gate Industry and Coty, Inc.

Citation: Cabibi v. Johnson & Johnson, No. C665257 (Cal. Super. Ct. Los Angeles Cnty. Sept. 27, 2019).

Plaintiff counsel: AAJ member David Greenstone, Dallas; and AAJ members Stuart Purdy and Marissa Langhoff, both of Long Beach, Calif.