Last week, a California appellate court declared the $13 million verdict made by a lower court jury in favor of a mesothelioma victim's family.
According to the court memorandum, the victim was affected by the rare and deadly asbestos-related disease while growing up in the company town of Betteravia, California. The victim's father, as well as grandfather, worked at Hillshire Brands, a Tyson Foods subsidiary, where they were exposed to asbestos.
The lawsuit alleges that the carcinogenic material was brought into the family's home on the hair, skin, and clothing of his father and grandfather as the company did not provide safety precautions to protect either workers or their families from asbestos. The victim died due to mesothelioma in 2015.
The lower court jury had awarded the victim's family $2 million in economic damages and $11 million in non-economic damages, which was appealed by the defendants for inadequate evidence. The assertion was later denied by the appellate court.
Asbestos is one of the main ingredients in baby powder, considered cosmetic when used in makeup and body powders, which require very little federal oversight. The U.S. Food and Drug Administration (FDA) is alerting consumers about certain cosmetic products due to the presence of asbestos. Despite several studies highlighting the cancer risk, the FDA does not require Baby Powder warnings on talc-based product labels to be updated. Moreover, J&J has also refused to add one, willingly.
