A rights group has sued American multinational corporation Johnson & Johnson over sale of a talc-based baby powder to Kenyans, nation media Kenya reports.

The African Centre for Corrective & Preventive Action says that though the product has been banned in some countries like the European Union and India, it is still available for sale in Kenya.

In the petition that concerns protection of consumer rights, the group alleges that Johnson & Johnson Services Inc uses "benzene and talc in their baby powder products”.

Cause cancer

It claims that benzene and talc cause 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,” says the group.

In a petition filed at the High Court in Milimani Nairobi on Monday, the group wants to be allowed to make the lawsuit a class-action by inviting other persons to the court proceedings.

It also wants temporary orders barring J&J from continued manufacture, sale, importation and distribution of the Johnson & Johnson Baby powder in the Kenyan market.

"There is sufficient evidence that Johnson & Johnson Services Inc and Johnson & Johnson (K) Ltd 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 Johnson & Johnson Services Inc,” reads the lawsuit.

Through its executive director James Mwangi Macharia, the lobby group says there is scientific proof that benzene should not be used in the manufacture of drug substances and drug products because of "its unacceptable toxicity and deleterious environmental effect”.

To support the case, the group has attached a copy of the American Foods and Drugs Administration Test results of the Johnson & Johnson baby Powder positive for asbestos.

"Johnson & Johnson Services Inc and Johnson & Johnson (K) Ltd have marketed the Johnson & Johnson Baby Powder par product description as ‘Made with purified talc and trusted by millions of parents’, a proof of widespread use of the baby powder by millions of Kenyans,” says Mr Macharia in the affidavit.

He claims that benzene is a well-established cause of cancer to humans.

Mr Macharia adds that before filing the case he had on April 25, 2023 written a letter to the Cabinet Secretary Ministry of Health seeking a total ban on sale and distribution of the powder. He says he is yet to get a response from the CS.

"The World Health Organisation (WHO) in a 2019 Report by it’s Department of Public Health, Environment and Social Determinant of Health, indicate that Benzene is a well-established cause of cancer to humans. It is considered sufficient cause for non-lymphocytic leukemia, including acute myeloid leukemia, non-Hodgkin lymphoma, chronic lymphoid leukemia, multiple myeloma, chronic myeloid leukemia, acute myeloid leukemia in children and lung cancer,” he adds.

Apart from suing the foreign company, the lobby group has also sued the Cabinet Secretary Ministry of Health, Kenya Bureau Standards and the Kenya Pharmacy & Poisons Board. They are listed as respondents in the lawsuit, which is awaiting hearing directions.