A human rights activist has moved to court seeking to stop the sale and distribution of the Johnson & Johnson baby powder in the Kenyan market.
In the petition filed under certificate of urgency, Frederick Bikeri Ochoiki argue that the state violated Kenyans’ right to information by failing to warn them of the cancerous product and withdrawal of the talc-based Johnson & Johnson baby powder.
Bikeri claims that Kenyan consumers have a right to goods and services of reasonable quality and to information necessary for them to gain full benefit from goods and services.
The activist through his lawyer Elkana Mogaka says recent scientific findings, claim the baby powder contains carcinogenic substances, including asbestos, which poses a significant public health risk.
The International Agency for Research on Cancer (IARC) has classified talc-based baby powder as potentially carcinogenic, with studies showing it may cause ovarian cancer.
This has prompted the World Health Organization (WHO) to issue a strong warning about its dangers.
“Even trace amounts of asbestos are enough to cause cancer in humans,” Mogaka states further highlighting findings from a batch of the product tested by the U.S. Food and Drug Administration (FDA), which confirmed the presence of asbestos.
Mogaka alleges that Johnson & Johnson has known about the asbestos contamination for decades but failed to warn the public.
Following a series of court rulings in the United States starting in 2018, the company faced over USD2.1 billion damaging judgments that held them accountable for hiding these risks.
In response, Johnson & Johnson announced in 2022 that it would cease the production of its talc-based baby powder worldwide by 2023, switching to a safer, cornstarch-based alternative.
Countries across Europe, Asia, and Africa he says, took immediate steps to ban the sale and distribution of the talc-based product.
However, Mogaka points out that Kenya has not followed suit, allowing the product to remain on the market without restrictions.
“This product is still being sold in Kenya, even though it has been proven to cause ovarian cancer,” he argues.
According to Mogaka latest research, validated by the WHO, also confirms that asbestos-free talc powder may still pose a cancer risk.
He now calls for the immediate recall of the product in Kenya to protect public health.
He also wants the Johnson and Johnson ltd to reveal all the medical research and findings they posses on the carcinogenic properties of the powder and Dr Deborah Barasa health cabinet secretary, Kenya Bureau of standards (KEBS) and Public health (standard) board to undertake a thourough research and testing of the talc-based powders.
“A declaration that the continued manufacture, sale and distribution of the Johnson & Johnson baby powder in Kenya is a gross violation to Kenyans rights to life, and the highest standards of health care under Articles 26 and 43 respectively,” read the court documents.
High Court Judge Justice Bahati Mwamuye has since directed that the Applicant serve the Application to the Respondents by close of business on October 1, and file an Affidavit(s) of Service in that regard by close of business on October 2.
The parties are scheduled to appear virtually on October 4, to confirm the status of the case.