Hathaway v. Avon Products Inc., et al., NY, Erie County Supreme Court
A New York court sided with the widow of Todd Hathaway, who died from peritoneal mesothelioma caused by using Target’s Up & Up baby powder manufactured by Vi-Jon from 2007 to 2016, rejecting Vi-Jon’s request to dismiss the lawsuit. Vi-Jon argued it shouldn’t be held responsible because it relied on its supplier’s certification that the talc used in its baby powder was “asbestos-free” and claimed it had no reason to suspect contamination.
Court Rejects Supplier Certification Defense
However, the court reaffirmed long-standing New York law that simply trusting a supplier’s word isn’t enough because manufacturers cannot delegate their responsibility to ensure product safety and must conduct independent testing when there’s reason to suspect contamination. Here, the court noted that Vi-Jon’s own corporate representative admitted awareness of industry-wide asbestos contamination issues in talc. The court also highlighted that plaintiffs’ experts found detectable levels of asbestos in Vi-Jon’s product samples and provided ample evidence linking Mr. Hathaway’s exposure to his mesothelioma. The case will now likely proceed to trial, where a jury can decide whether Vi-Jon failed in its duty to protect consumers and whether that failure caused Mr. Hathaway’s mesothelioma.
Target Brands Also Sought Dismissal
The court also rejected Target Corporation and Target Brands, Inc.’s request to dismiss the lawsuit on the same grounds. Further, Target Brands specifically claimed it shouldn’t be sued at all because it is an intellectual property company that does not actually operate Target stores or sell products and therefore had no role in the manufacture, marketing, or sale of the baby powder at issue. However, the court found this argument insufficient because Target Brands only provided a lawyer’s statement without backing it up with concrete evidence like contracts, corporate records, or sworn testimony from company officers who had direct knowledge of the company’s operations.
Darron E. Berquist on Talc Manufacturer Responsibility and Consumer Safety
Darron E. Berquist, Managing Attorney of The Lanier Law Firm’s Asbestos Litigation Practice, comments on manufacturer responsibility in talc cases:
“For families facing the loss of a loved one to mesothelioma, accountability matters. Manufacturers have a responsibility to know what is in the products they put into the hands of consumers, and a supplier’s certification does not erase that responsibility. This decision recognizes the importance of examining whether companies took the necessary steps to protect consumers from asbestos exposure.”
About The Lanier Law Firm’s Asbestos Litigation Practice
The Lanier Law Firm has a long history of representing people affected by asbestos exposure and mesothelioma. The firm handles complex asbestos litigation involving a wide range of products and exposure sources, including cases involving asbestos-containing talc.
The firm represented 22 women and their families in litigation against Johnson & Johnson involving allegations that asbestos-contaminated talcum powder caused ovarian cancer. The Lanier Law Firm secured a $4.69 billion verdict for the plaintiffs. The firm continues to represent people in asbestos and mesothelioma litigation nationwide.
If you or a loved one has been diagnosed with mesothelioma or another asbestos-related illness, contact The Lanier Law Firm to learn more about your legal options.