Why It's Tough to Know if Talc is Contaminated with Asbestos (And Why It Matters)

Longstanding Concerns of Asbestos-Contamination in Talc Products are Justified

At first blush, an industrial-use mineral like asbestos seems to have little in common with a personal-use mineral like talc. But, largely for the reasons explored below, asbestos contamination is hard to detect and very common in these cases. The number of talc-asbestos cases is on pace to equal or exceed the number of pure asbestos legal matters filed in the United States. 

Cross-contamination matters because of the nature of the victims. Johns-Mansville and other asbestos providers kept a lid on the health risks for many years, but even still, many people had some idea that asbestos was a hazardous substance. Talc-asbestos victims had no reason to expect that a popular cosmetic product was also a poisonous product. Furthermore, companies like Johnson & Johnson aggressively marketed talc-containing products to women of color and other vulnerable victims.

Talc-asbestos poisoning also matters because talc doesn’t alter the nature of asbestos. These victims are at risk for the same illnesses as industrial exposure victims. As a result, an asbestos exposure lawyer can obtain the same kinds of compensation in both instances. In fact, compensation is usually higher in talc-asbestos cases, largely for the reasons mentioned above.

Usually, gold mines also contain other geologically similar minerals, such as weathered mica, pyrite, and chalcopyrite. Pyrite is so similar to gold that it’s known as fool’s gold. Laboratory technicians must closely examine unrefined gold to ensure that it really is unrefined gold.

Talc and asbestos are like gold and fool’s gold. It’s very difficult to determine the difference. Both minerals are ultramafic rocks. These rocks are volcanic, which means they’re usually found in roughly the same place.

Furthermore, all ultramafic rocks have a similar color. So, just like, most miners can’t tell the difference between real gold and fool’s gold, most miners cannot distinguish between talc and asbestos.

Talc and Asbestos Form Under Similar Conditions and are Geologically Alike

Additionally, talc and asbestos have similar serpentine structures. These deposits are especially common in the western United States. Serpentine rock is the state rock of California. So, an ultramafic rock usually contains asbestos and talc, and these minerals are hopelessly intertwined. Companies must use good quality control practices to separate these two minerals, but alas, these measures are often lacking. More on that below.

Size matters as well. 20,000 asbestos fibers fit in the small space between Abraham Lincoln’s chin and nose on a U.S. penny. Miners don’t have electron microscopes, so there’s no way to tell how many asbestos fibers may be embedded in a talc deposit, especially since multiple kinds of asbestos may be in the talc.

Lack of quality control may be the main reason asbestos and talc are kissin’ cousins. That’s also the main reason compensation is so high in talc-asbestos cases. Johns-Mansivlle and its ilk knew they were selling a dangerous product. Johsnon & Johnson and its ilk didn’t care if they were selling a dangerous product. Morally, that difference is significant.

In most states, an asbestos exposure lawyer can obtain punitive damages if the defendant intentionally disregarded a known risk. The greater the disregard, the higher the damages. Johnson & Johnson disregarded this risk as early as 1985, when it discovered that its talcum powder was laced with asbestos, yet did not publicly disclose that fact.

Talc is a common ingredient in not only cosmetics but also many other consumer goods, such as pharmaceutical medications, crayons, and chewing gum. Therefore, many people have asbestos in their pantries, medicine cabinets, and playrooms.

The miners who extracted asbestos-laced talc, the workers who assembled tacl-containing products, and the people who used these products are all at risk for mesothelioma and other asbestos exposure-related diseases.

Mesothelioma is a rare and aggressive form of heart-lung cancer. So, doctors often don’t find mesothelioma tumors until they’ve spread through the lungs and perhaps into other organs. At that point, medical treatment options are limited or nonexistent.

To maintain the “there’s no asbestos in talc” cover, mining companies generally didn’t issue PPE (personal protective equipment) or did not encourage workers to use it. The mining process releases microscopic asbestos fibers into the air. Many miners inhaled these fibers. These fibers are also small enough to absorb directly through the skin.

The risk of illness declined when mining companies sent asbestos-laced talc to manufacturing companies. Airborne asbestos is deadly, but non-airborne asbestos is harmless. Nevertheless, a risk existed. A single asbestos fiber could cause a lethal illness.

This risk shot up again when people bought and used asbestos-laced talc products. Talcum powder is probably the best example, which is why so many lawsuits have already been filed. As mentioned, asbestos fibers absorb through the skin. So, women basically used asbestos powder, not talcum powder. The tiny fibers moved through the fallopian tubes and settled in the cervix, where they caused cervical cancer.

HPV (human papillomavirus), which is a sexually transmitted disease, usually causes cervical cancer. Unless a woman has this risk factor, most doctors don’t look for cervical cancer. Therefore, the tumor grows and spreads undetected.

We touched on civil actions above. Social Security Disability Insurance and bankruptcy VCFs are probably the two other most common legal claims in talc-asbestos poisoning matters.

Concepts such as fault, negligence, and intentional disregard of a known risk are irrelevant in SSDI claims. That’s a positive if an asbestos exposure lawyer is unable to assemble sufficient evidence to prove these things. However, since a company’s negligence is irrelevant, compensation is limited in SSDI matters.

Bankruptcy victim compensation fund claims are similar in many respects. No opposing lawyer challenges the victim’s evidence, so bankruptcy VCF claims are basically no-fault claims.

Asbestos exposure lawyers may handle a significant number of bankruptcy VCF talc-asbestos claims in the future, if Johnson & Johnson’s Texas two-step bankruptcy goes through and the judge requires the company to establish a fund.