Suit seeks to bar firm from selling baby powder

A lawsuit has been lodged in the High Court seeking to bar American multinational corporation Johnson & Johnson from selling its talc-based baby powder in Kenya.

The civil society group, African Centre for Corrective & Preventive Action (ACCPA) wants the Milimani High Court Constitution and Human Rights Division to issued temporary orders stopping J&J from continuing to manufacture, sell, importing and distributing the Johnson & Johnson Baby powder in the Kenya market the product in the country for being harmful.

“Pending the hearing and determination of this petition the court be pleased to issue orders against the importation, distribution and sale of Johnson & Johnson Baby Powder into the Kenyan territory, “ seeks the petitioner .

Banned in European markets

Through lawyer Karugu Mbugua, the human rights group  claims that though the product has been banned in some countries like the European Union and India, it is still available for sale in Kenya.

“There is sufficient evidence that the Johnson and Johnson are aware of the severe and fatal results of their products but they have ignored the fact and still continue manufacturing and selling these products to the masses including Kenyan citizens despite having compensated claimants in the United States of America by the firm,” reads the court papers.

According to the petitioner, Johnson & Johnson Services Inc uses “benzene and talc in their baby powder products”.

Karugu claims that benzene and talc causes cancer to humans and that “talc is contaminated by asbestos, a carcinogenic substance, causing exceedingly harm to its users”.

“There is scientific proof that benzene should not be used in the manufacture of drug substances, excipients, and drug products because of its unacceptable toxicity and deleterious environmental effect; In the context, the usage and sale of the Johnson & Johnson baby powder has been banned in the European Union, India and a number of African Countries including Tanzania, Zimbambwe and Republic of Congo,” adds the lawyer.

Sufficient to cause cancer

Further, the petitioner also cites a report by World Health Organisation (WHO) and it’s Department of Public Health, Environment and Social Determinant of Health issued in 2019 that indicated that “Benzene is a well established cause of cancer to humans and is considered sufficient cause for non-lymphocytic leukaemia, including acute myeloid leukaemia, non Hodgkin lymphoma, chronic lymphoid leukaemia, multiple myeloma, chronic myeloid leukaemia, acute myeloid leukaemia in children and lung cancer.”

The petitioner further says that the report shows that “Chronic exposure to benzene can cause reduced production of both red and white blood cells from bone marrow in humans, higher exposures can lead to aplastic anaemia and pancytopenia and Haematotoxicity induced by benzene exposure is associated with risk of developing haematological malignancy or related disorders.”

The petitioner also seeks other orders including to be allowed to make the lawsuit a class-action by inviting other persons to the court proceedings.

“It is in the interest of justice that the orders sought herein are granted to prevent continued infringement and violation to the right to the general public right to health and right, “ the rights group seeks.

According to the group, on April 25, 2023 wrote a letter to the Cabinet Secretary Ministry of Health copied to the Kenya Bureau Standards and Kenya Pharmacy and Posions Board seeking a total ban on sale and distribution of the powder but they have not received any response to date.

The lobby group has also sued the Cabinet Secretary Ministry of Health, Kenya Bureau Standards and the Kenya Pharmacy & Poisons Board.