Miss. Supreme Court Affirms Order Rejecting J&J’s Challenges to AG’s Lawsuit Over Talcum Powder Labeling

JACKSON, Miss. –– Mississippi’s highest court will allow the state’s lawsuit against Johnson & Johnson for alleged mislabeling of talcum powder products to proceed, concluding that the underlying claims are neither preempted nor excluded under the Mississippi Consumer Protection Act.

In the April 1 opinion, the Mississippi Supreme Court concluded that “the Food and Drug Administration chose not to exercise its regulatory authority, allowing the state the freedom to regulate cosmetics instead.”

The underlying lawsuit was filed by Jim Hood, Attorney General of the State of Mississippi on behalf of the state of Mississippi and the individual citizens of the …