Lobby seeks Johnson and Johnson Baby Powder ban over cancer fears

In the USA, Johnson & Johnson was ordered to pay Sh437 billion to 22 women who claimed the firm's powder contributed to them developing ovarian cancer. [iStocphoto] A lobby group has moved to court seeking a ban on the use of Johnson & Johnson baby powder over claims it causes cancer as the battle over the use of the American-based firm's product reached Kenya. In its case, African Centre for Corrective and Preventive Action has sued Health Cabinet Secretary Susan Nakhumicha, American-based firm Johnson & Johnson Inc, Johnson & Johnson Kenya Limited, Kenya Bureau of Standards (KEBS) and Kenya Pharmacy and Poisons Board (KPPB) seeking a ban on the body powder over its cancer-causing risks. ACCPA argues that the product used to soothe skin irritation is dangerous for human use. The absorbent body powder is commonly used to soothe skin irritation in children and women. In women, it is used around the genitals to absorb moisture and reduce odour. In men, the powder is normally applied on the chin when shaving beards. The lobby, in its case before High Court judge Lawrence Mugambi, argues that Johnson & Johnson's main ingredient is talc or benzene, which is suspected to be carcinogenic. Talc is a naturally occurring mineral, mined from the earth, composed of magnesium, silicon, oxygen, and hydrogen. Talc may be used in products to absorb moisture, prevent caking, improve consistency, or make a product opaque. Talc is an ingredient used in personal care products such as loose powders. "The first and second respondents' products are sold worldwide including the Kenyan market, widely used by the majority of Kenyans, especially the aforesaid baby powder, and are readily available in the retail supply chain countrywide. The first and second respondents use benzene and talc which is contaminated by asbestos, a carcinogenic substance causing exceedingly harm to its users," the lobby claims. In the USA, Johnson & Johnson was ordered to pay Sh437 billion to 22 women who claimed the firm's powder contributed to them developing ovarian cancer. The firm was facing more than 40,000 claims but has consistently denied that its powder contains a deadly carcinogen known as asbestos. In the American case, the plaintiffs claimed asbestos fibres and talc particles were found in the ovarian tissues of many women. They claimed although the firm knew about the connection between the use of its product and cancer, it never labelled the same as a caution or warned consumers about the risk they were exposing themselves to. One of the women, 73-year-old Gail Ingham, testified that she was diagnosed with stage three ovarian cancer in 1985 which she had to fight for over a year. Another plaintiff, Cecilia Martinez, who was diagnosed with cancer in 2011, said her suit was meant to protect mothers and babies. Following the cases, the North American firm discontinued the sale of its talc-based baby powder and turned to using corn starch for the same. In the case filed in Kenya, ACCPA's lawyer Karugu Mbugua argues that despite a ban by the European Union, India, Tanzania, Zimbabwe and the Democratic Republic of Congo, the Kenyan government has remained silent on whether Kenyans should use the body powder or not. "There is scientific proof that benzene should not be used in the manufacture of drug substances, excipients, and drug products because of is unacceptable toxicity and deleterious environmental effect. There is sufficient evidence that the first and second respondents are aware of the severe fatal results of their products but they have ignored the fact and still continue manufacturing and selling these products to the masses, including Kenyans, despite having compensated claimants in the United States of America," argues Karugu. According to Karugu, the World Health Organisation has indicated chronic exposure to benzene can reduce the production of red and white blood cells from bone marrow in humans and higher exposure can lead to aplastic anaemia and pancytopenia. He states that he wrote to the Health CS and copied the letter to KEBS and KPPB seeking a total ban on John & Johnson baby powder but he never got a response. James Mwangi Macharia, the lobby's executive director, supported the case, attaching a receipt to his claim that the body powder is available in Kenya. "Members of the general public stand to suffer irreparable loss unless the orders sought are granted," he states. The case will be mentioned on June 15. jmuthoni@standardmedia.co.ke

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