The High Court (Mrs Justice Hill DBE and Senior Master Cook) has today handed down judgment in Fuschillo and ors v Johnson & Johnson and others [2026] EWHC 1403 (KB), granting a Group Litigation Order (“GLO”) to manage this landmark group action against Johnson & Johnson.
The claims are brought on behalf of a large cohort of claimants who allege that they contracted malignant mesothelioma or ovarian cancer as a result of their use and exposure to the talc-based product Johnson’s Baby Powder. The claimants contend that the product was contaminated with asbestos and a number of other harmful particles and that the defendants knew of the associated risks while continuing to market Baby Powder as pure and safe, until 2023, when its formulation was changed so as to be comprised of cornstarch. Claims are brought in negligence and in deceit.
The judgment handed down this morning addresses the GLO application, a contested application by the claimants to amend their Generic Particulars of Claim and various particulars of the GLO Order. The court granted the GLO, with the consent of the President of the King’s Bench Division, Sharp LJ, finding it the appropriate mechanism given the scale of the litigation and the importance of resolving common issues. The Claimants were given permission to amend the Generic Particulars of Claim to include particulars of the causative role of iron, an alleged contaminant of Baby Powder, in the promotion of the cancers in respect of which the claim relates.
Max Archer acted for the Claimants alongside Michael Rawlinson KC, Jonathan Adkin KC, Andrew Smith KC and Kate Boakes, all instructed by Tom Langstaff of KP Law Limited.
