CVN screenshot of defense attorney Jenny Hergenrother of Alston & Bird delivering her opening statement
Los Angeles, CA - A California state court jury heard opening statements Wednesday in a lawsuit filed by a woman blaming her cancer on asbestos supposedly present in Walmart’s store brand talc-based body powder, and the full trial is being webcast and recorded gavel-to-gavel by Courtroom View Network.
Plaintiff Carolyn Wyatt claims she developed peritoneal mesothelioma, a rare form of cancer frequently associated with asbestos exposure, after years of using Walmart’s “Equate” brand baby powder. She seeks damages from both Walmart and Vi-Jon, a Missouri-based company that manufactures generic store brand cosmetic products for numerous retail chains under various brand names,
Wyatt and her husband David accuse both companies of failing to test their product for asbestos, but Walmart and Vi-Jon maintain their products never contained asbestos, and that Wyatt actually has another form of cancer other than mesothelioma.
The full trial is being streamed both live and on-demand via CVN.com. CVN’s gavel-to-gavel coverage of the trial will include all witness testimony, along with time-synced digital images of exhibits and demonstratives. Click here for information on subscription options.
Plaintiff attorney Nick Novack of Maune Raichle Hartley French & Mudd LLC told the Los Angeles County jury during his opening statement the Wyatts began using Equate baby powder shortly after a Walmart store opened near their home in 1994. In addition to using it on her body, Carolyn Wyatt frequently spread the powder around the house for cleaning purposes.
“All the while they’re using this Equate body powder they’re unknowingly contaminating their home with these asbestos fibers,” Novack said.
CVN screenshot of plaintiff attorney Nick Novack delivering his opening statement
Novack explained how talc mineral deposits are often laced with asbestos, but that neither Vi-Jon or Walmart ever carried out any safety tests. He went on to suggest Vi-Jon should be liable for punitive damages due to supposedly omitting asbestos-related information from reports known as “material data safety sheets” provided to clients.
“They admit that they had the capabilities to test for asbestos, and they admit they never did. Millions of pounds of talc and never a single test,” Novack said.
He explained how Wyatt fell ill in 2023 and had a diagnosis of peritoneal mesothelioma confirmed by multiple doctors. While he didn’t ask for a specific amount of damages in his opening statement, an attorney for Vi-Jon suggested in his opening the Wyatts would seek “tens of millions of dollars.”
Representing Vi-Jon, attorney Edward Parker of Hugo Parker LLP urged jurors to reject the Wyatts’ claims in their entirety, arguing talc doesn’t cause cancer, their products never contained asbestos, and that the vast majority of Carolynn Wyatt’s cosmetic talc use involved products manufactured by Johnson & Johnson and other companies.
Parker argued Vi-Jon received certificates of analysis from their talc suppliers confirming they are free of asbestos, and that without the confirmed presence of asbestos Wyatt can’t blame the company for her illness.
“Talc does not cause disease,” he emphasized. “It doesn’t cause cancer.”
Parker noted that Wyatt suffers from cancer affecting the lining of her stomach but not her lungs, which he said conflicts with the idea of hook-like asbestos particles passing through her lungs to reach her abdomen.
Representing Walmart, defense attorney Jenny Hergenrother of Alston & Bird disputed Wyatt’s diagnosis of peritoneal mesothelioma, suggesting instead she suffers from a form of abdominal cancer known as a Sarcmomatoid carcinoma.
“She has an unfortunate cancer but not one caused by asbestos,” Hergenrother told the jury.
She echoed Parker’s arguments that the talc used in Equate was sourced from mines that certified it to be asbestos-free, and that no evidence at trial would definitively prove the presence of asbestos in any Equate powder.
“You will not see any evidence of any bottle of Equate ever having asbestos in it.”
Hergenrother contrasted Wyatt’s exposure to workers in talc miners exposed to vastly higher levels of talc than the general population, but she said they don’t show elevated levels of mesothelioma.
“They never get cancer,” she said.
Wyatt’s original complaint filed in 2024 included a number of other cosmetic talc sellers and manufacturers including Avon, Colgate, L’Oreal, Procter & Gamble and Target but only Vi-Jon and Walmart remained active defendants in the case when it proceeded to trial.
The trial is taking place before Judge Frederick Shaller, and CVN’s gavel-to-gavel coverage will continue for the duration of the proceedings.
The case is captioned Carolyn S. Wyatt and David L. Wyatt v. Avon Products Inc., et al.
Email David Siegel at dsiegel@cvn.com
