Johnson & Johnson faces class action suit in Kenya over talc baby powder
A rights group argues that the product has been banned in some countries like the European Union and India, but it is still being sold in Kenya. FILE PHOTO | SHUTTERSTOCK
A rights group has sued American multinational corporation Johnson & Johnson over the sale of talc-based baby powder to Kenyans.
The African Centre for Corrective & Preventive Action says although the product had been banned in some countries like the European Union and India, it is still available for sale in Kenya.
In the petition concerning the protection of consumer rights, the group alleges that Johnson & Johnson Services Inc uses "benzene and talc in their baby powder products".
It claims that benzene and talc cause cancer in humans and that "talc is contaminated by asbestos, a carcinogenic substance, causing exceedingly 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. 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 Democratic Republic of Congo," says the group.
In a petition filed at the High Court in Milimani Nairobi on Monday, the group wants to be allowed to make the suit a class action by inviting other persons to the court proceedings.
It also wants temporary orders barring J& J from continued manufacture, sale, importation and distribution of the Johnson & Johnson Baby powder in the Kenya market.
"There is sufficient evidence that Johnson & Johnson Services Inc and Johnson & Johnson (K) Ltd are aware of severe and fatal results of their products.
But they have ignored the fact and continue manufacturing and selling these products to the masses, including Kenyan citizens, despite having compensated claimants in the United States by the Johnson & Johnson Services Inc," reads the lawsuit.
Through its executive director James Mwangi Macharia, the lobby group says there is scientific proof that benzene should not be used in drug substances and products because of "its unacceptable toxicity and deleterious environmental effect".
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.
He claims that benzene is a well-established cause of cancer in humans.
Mr Macharia adds that before filing the case, he had, on April 25, 2023, written a letter to the Health Cabinet secretary seeking a ban on the sale and distribution of the powder. He says he is yet to get a response from the minister.
"The World Health Organisation, in a 2019 Report by its Department of Public Health, Environment and Social Determinants of Health, indicates that benzene is a well-established cause of cancer in humans.
It is considered a sufficient cause for non-lymphocytic leukaemia, including acute myeloid leukaemia, non-Hodgkin lymphoma, chronic lymphoid leukaemia, multiple myeloma, chronic myeloid leukaemia, acute myeloid leukaemia in children and lung cancer," he said.
