FORT MYERS — A consumer has filed suit against Johnson & Johnson, Johnson Consumer Cos. Inc., Imerys Talc America Inc., Personal Care Products Council, John Does/Jane Does 1-30 and other business entities, alleging that the talc in a feminine hygiene product led to her ovarian cancer diagnosis.
Diana Shinske filed a complaint on Aug. 12 in the U.S. District Court for the Middle District of Florida against the defendants alleging that they failed to inform plaintiff of the potential harmful effect of using their product that contains talc. Her claim cites alleged breach of implied warranty, negligence, negligent misrepresentation, and product liability.
The plaintiff holds Johnson & Johnson, Johnson Consumer Companies Inc., Imerys Talc America Inc., formerly known as Luzenac America Inc., Personal Care Products Council, formerly known as the Cosmetic, Toiletry, and Fragrance Association (CTFA), John Does/Jane Does 1-30 and unknown businesses and/or corporations 1-50 responsible because the defendants allegedly knew about the potentially harmful effects of being exposed to products that contain talc, but choose not to inform their consumers of these negative effects.
The plaintiff requests a trial by jury and seeks compensatory damages plus interest, punitive and/or exemplary damages, all legal fees and any other relief as the court deems appropriate. The plaintiff is represented by Joseph H. Saunders of Saunders & Walker P.A. in Pinellas Park and Michelle Whitman of Danziger & De Llano LLP in Houston.
U.S. District Court for the Middle District of Florida case number 8:16-cv-02317-EAK-AAS