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An NGO has gone to court to sue international pharmaceutical industry company Johnson & Johnson over sale of a talc-based baby powder to Kenyans. The lobby group called African Centre for Corrective & Preventive Action (ACCPA) group went to the Milimani law courts and claiming that J&J are selling the powder which contains carcinogenic properties.
“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 ACCPA.
ACCPA is also basing its case on the fact that J&J are distributing this supposed harmful powder in Kenya with full knowledge of its harmful effects.
“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,” says the plaintiff.
What does ACCPA want?
First they want the court to make the lawsuit class-action so that other parties can be enjoined into the case. Secondly, they are seeking temporary orders that will bar J&J from continuing to manufacture, sell, importing and distributing the Johnson & Johnson Baby powder to Kenyans.
The lobby group which is led by James Mwangi Macharia has also sued the Cabinet Secretary for Health Susan Nakhumicha, the Kenya Bureau of Standards and the Kenya Pharmacy & Poisons Board. Currently, the case is awaiting hearing directions.
This is not the first time ACCPA has been involved in a high profile case involving an international entity. In 2021, they joined in a case that involved 994 signatories suing the British Army. They sued the British Army for failing to uphold military standards, which resulted in the damaging of the environment in Loldaiga.
