Federal Judge Jean C. Hamilton of the U.S. District Court for the Eastern District of Missouri decided that the case should not proceed in federal court. Instead, the case will be sent back to the Circuit Court for the City of St. Louis, where it was originally filed in June.
The defendant, Johnson & Johnson, transferred the lawsuit into federal court in August, citing a lack of diversity between the plaintiffs. In response, plaintiffs filed a Motion to Remand and convinced the judge that diversity requirements had been met for state court.
Johnson & Johnson is accused of failing to adequately warn about evidence linking ovarian cancer with the use of talcum powder in the genital area every day.
In October 2013, a jury in South Dakota found that Johnson & Johnson failed to warn about this risk, ruling in favor of a 56 year-old woman who developed ovarian cancer after using Shower-to-Shower every day for 30 years.
Particles of talc have been found in tissue samples taken from women who had ovarian cancer, suggesting that it can move through the vagina, uterus, fallopian tubes, and into the ovaries. Last year, a study published in Cancer Prevention Research found a 20-30% increased risk of epithelial ovarian cancer among women who used genital talcum powder.
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