A court-appointed special master has recommended allowing expert testimony in more than 67,500 federal lawsuits alleging Johnson & Johnson’s talc-based baby powder caused ovarian cancer, removing a major obstacle to trials.
The Ruling
Retired U.S. District Judge Freda Wolfson, serving as special master in the multidistrict litigation consolidated in New Jersey federal court, issued a 600-page ruling on January 20, 2026 finding that plaintiffs’ expert witnesses meet the scientific standards required by federal law.
The ruling addressed challenges Johnson & Johnson raised under the Daubert standard, which requires courts to evaluate whether expert testimony is based on reliable methodology before allowing it at trial.
What the Special Master Found
Judge Wolfson’s recommendation allows testimony from:
- Causation experts linking perineal talc use to ovarian cancer
- Science and geology experts testifying that J&J talc contained trace or ultra-trace asbestos
- Testing methodology experts explaining that historical testing methods, when properly applied, could detect asbestos contamination
Throughout her exhaustive review, Judge Wolfson emphasized that the issues raised by J&J are “issues for juries” to weigh, not grounds for excluding testimony.
Why This Matters
This ruling is significant because it:
- Clears the path for federal trials: The first bellwether trial in the New Jersey MDL is expected later in 2026
- Validates plaintiffs’ scientific evidence: After years of J&J claiming “junk science,” a federal judge found the methodology sound
- Follows state court victories: This federal ruling aligns with multiple state court verdicts that have found talc caused cancer
A History of Legal Obstacles
Johnson & Johnson has fought to prevent these cases from reaching trial:
- 2016: Multidistrict litigation created in New Jersey
- 2021-2025: J&J attempted three bankruptcy maneuvers to resolve claims — all rejected by courts
- 2024: New federal rules strengthened courts’ role in vetting expert testimony
- January 2026: Special master rules testimony is admissible
This is the second time Judge Wolfson reviewed the scientific evidence. She originally oversaw the MDL from 2016 until her retirement in 2023. In 2024, Judge Michael Shipp, who now oversees the litigation, requested a fresh review due to new federal rules and emerging scientific evidence.
Johnson & Johnson’s Response
Johnson & Johnson maintains its talc products are safe and do not cause cancer. The company has:
- Stopped selling talc-based baby powder in the U.S. (2020)
- Discontinued talc baby powder globally (2023)
- Switched to cornstarch-based products
- Contested all verdicts and continues to appeal
The company characterized the expert testimony as unreliable, but the special master disagreed.
What Happens Next
With expert testimony approved, the consolidated federal cases can proceed toward trial. Key upcoming milestones:
- Judge Shipp’s final ruling: The special master’s recommendation goes to the presiding judge for adoption
- Bellwether trial selection: Representative cases will be chosen for initial trials
- First federal trial: Expected later in 2026
Meanwhile, state court trials continue nationwide, with over $2.5 billion in verdicts awarded against J&J in 2025 alone.