A lawsuit has been lodged in the High Court seeking to bar American multinational corporation Johnson & Johnson (J&J) from selling its talc-based baby powder to Kenyans.
The civil society group, African Centre for Corrective & Preventive Action (ACCPA) wants the Milimani High Court Constitutional and Human Rights Division to issue temporary orders stopping J&J from continuing to manufacture, selling, importing and distributing the Johnson & Johnson Baby powder in the Kenyan market “since the product is 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,” the petitioner seeks.
Through lawyer Karugu Mbugua, the rights claim 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 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,” the court papers read in parts.
According to the petitioner, Johnson & Johnson Services Inc use benzene and talc in baby powder products.
Karugu claims that benzene and talc cause cancer in humans and 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, Zimbabwe and the Republic of Congo,” the lawyer added.
Further, the petitioner cited a report by the World Health Organisation (WHO) and its Department of Public Health, Environment and Social Determinants of Health issued in 2019 that indicated that Benzene was a well-established cause of cancer in humans and was considered a sufficient cause for non-lymphocytic leukaemia, including acute myeloid leukaemia, non-Hodgkin lymphoma, chronic lymphoid leukaemia, multiple myeloma, chronic myeloid leukaemia, and acute myeloid leukaemia in children and lung cancer.
The petitioner further says that the report shows that ‘Chronic exposure to benzene could cause reduced production of both red and white blood cells from bone marrow in humans, while higher exposures could lead to aplastic anaemia, 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 permission 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 of 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 Health Cabinet Secretary (CS) and the Ministry of Health copied to the Kenya Bureau Standards and Kenya Pharmacy and Poisons Board seeking a total ban on the sale and distribution of the powder but they have not received any response to date.
The lobby group also sued the Health CS, Kenya Bureau Standards and the Kenya Pharmacy & Poisons Board.
