12.19.22
Last week, a California jury ordered Avon Products Inc. (which is owned by Natura &Co.) to pay $10.3 million in punitive damages to a 76-year-old woman who blames her cancer on talc in Avon’s cosmetics.
Rita Chapman, a resident of Scottsdale, Arizona, was diagnosed with mesothelioma in 2021. According to court filings, she’d used some Avon powders that had high levels of asbestos. Evidence in the case showed the company was seeking to sell out of its stocks of those powders during the time Chapman used them.
The Los Angeles Superior Court jury that punished Avon for hiding the risks that some of its talc-based powders can cause cancer had already awarded Chapman $40 million in actual damages, bringing the total in the case to more than $50 million, according to court filings.
The $40 million award was intended to cover Chapman’s pain and medical costs tied to her battle with mesothelioma. Chapman alleged Avon’s powders contained asbestos-tainted talc that made her sick.
In Chapman’s case, jurors concluded Avon management knew talc in the company’s products posed a cancer risk but failed to warn consumers. They also found Avon executives acted with “malice, oppression or fraud” in hiding the products’ health risks. That opened the company to the punishment award.
“We are disappointed by this verdict and will vigorously pursue all available avenues to appeal,” Avon said in a statement. “Avon is confident that it has strong grounds for appeal and will continue to defend its position.”
This is the first such case Avon has lost in U.S. litigation. Avon was acquired by Natura &Co in 2019.
Furthermore, in 2020, the FDA released its testing results for talc-based cosmetics in a final report -- and found the carcinogen asbestos in 9 of the 52 products that were tested, which is nearly 20%.
Rita Chapman, a resident of Scottsdale, Arizona, was diagnosed with mesothelioma in 2021. According to court filings, she’d used some Avon powders that had high levels of asbestos. Evidence in the case showed the company was seeking to sell out of its stocks of those powders during the time Chapman used them.
The Los Angeles Superior Court jury that punished Avon for hiding the risks that some of its talc-based powders can cause cancer had already awarded Chapman $40 million in actual damages, bringing the total in the case to more than $50 million, according to court filings.
The $40 million award was intended to cover Chapman’s pain and medical costs tied to her battle with mesothelioma. Chapman alleged Avon’s powders contained asbestos-tainted talc that made her sick.
In Chapman’s case, jurors concluded Avon management knew talc in the company’s products posed a cancer risk but failed to warn consumers. They also found Avon executives acted with “malice, oppression or fraud” in hiding the products’ health risks. That opened the company to the punishment award.
“We are disappointed by this verdict and will vigorously pursue all available avenues to appeal,” Avon said in a statement. “Avon is confident that it has strong grounds for appeal and will continue to defend its position.”
This is the first such case Avon has lost in U.S. litigation. Avon was acquired by Natura &Co in 2019.
Talc Remains Controversial Across the Beauty Industry
Several companies have dropped talc-based formulations over the last three years after a wave of cancer suits, including Johnson & Johnson, which decided to transition to an all cornstarch-based baby powder portfolio last year.Furthermore, in 2020, the FDA released its testing results for talc-based cosmetics in a final report -- and found the carcinogen asbestos in 9 of the 52 products that were tested, which is nearly 20%.
