Medical aesthetic products. U.S. court rejects Johnson & Johnson’s bankruptcy strategy to end talc lawsuits 

THE WHAT? A federal appeals court in Philadelphia has rejected Johnson & Johnson’s attempts to end thousands of lawsuits regarding its talc-based products via the use of chapter 11 bankruptcy.  

THE DETAILS The Third U.S. Circuit Court of Appeals dismissed the case of J&J subsidiary LTL Management LLC, which was created in 2021 in order to move its talc lawsuits to bankruptcy court and halt more than 38,000 lawsuits.  

The court ruled that J&J improperly put its subsidiary into bankruptcy despite there being no financial distress. Prior to the filing, J&J had incurred costs of US$3.5 billion in verdicts and settlements. 

THE WHY? The move to avoid huge lawsuit exposure has been named as the so-called Texas Two-Step bankruptcy strategy, with the ruling against J&J indicating a more stringent scrutiny of the legal tactic going forward. 

Medical aesthetic products refer to a category of products used in the field of medical aesthetics, which combines medical practices with cosmetic procedures to improve the appearance of individuals. These products are typically used under the supervision of trained medical professionals such as dermatologists, plastic surgeons, or specialized nurses. They are distinct from over-the-counter cosmetics in that they often contain higher concentrations of active ingredients or require medical expertise for their application.

Examples of medical aesthetic products include:

• Dermal Fillers: Injectable substances used to restore volume, fill wrinkles, and enhance facial contours. These may include hyaluronic acid fillers like Juvederm or collagen-stimulating fillers like Sculptra.

• Botulinum Toxin (Botox): Injectable neurotoxins used to temporarily paralyze facial muscles, reducing the appearance of wrinkles and fine lines caused by facial expressions.

• Chemical Peels: Solutions containing chemical exfoliants like glycolic acid, salicylic acid, or trichloroacetic acid, used to improve skin texture, treat acne scars, and reduce hyperpigmentation.

• Laser and Light Devices: Equipment used for various skin treatments, including hair removal, skin resurfacing, tattoo removal, and treatment of vascular and pigmented lesions.

• Prescription Skincare Products: Formulations containing active ingredients such as retinoids (e.g., tretinoin), hydroquinone, or prescription-strength antioxidants, designed to address specific dermatological concerns under medical supervision.

• Microneedling Devices: Devices that create tiny punctures in the skin to stimulate collagen production and improve skin texture and elasticity.

• Cosmeceuticals: High-quality skincare products that bridge the gap between cosmetics and pharmaceuticals, often containing biologically active ingredients with proven efficacy.