Skip to main content

Alex Gorsky, CEO of Johnson & Johnson, attends the Boston College Chief Executives Club luncheon in Boston on Sept. 11, 2015.

Brian Snyder/Reuters

Johnson & Johnson chief executive Alex Gorsky on Monday faced questions from plaintiffs’ lawyers over the timing of his sale of company stock, as he testified for the first time in a jury trial over allegations that the company’s Baby Powder causes cancer.

Mr. Gorsky told the jury that he had sold company shares in November, 2018, two days after a Reuters reporter contacted the company and summarized in an e-mail her review of documents that showed J&J knew small amounts of asbestos had been found in its talc on occasion since 1971.

Mr. Gorsky testified that he was not shown the e-mail from the Reuters reporter at the time of the stock sale.

Story continues below advertisement

On Dec. 14, 2018, Reuters published the story that showed J&J had failed to disclose that small amounts of asbestos, a known carcinogen, had sometimes been found in its talc over several decades. After the Reuters report was published, a sell-off wiped out more than US$40-billion from the company’s market value.

At the time, J&J dismissed the Reuters report as “an absurd conspiracy theory.”

“My trade took place at a time when I did not have that kind of knowledge about the article,” Mr. Gorsky said on Monday. Mr. Gorsky testified that he followed all of the appropriate approval processes with the company’s board of directors and legal team regarding the sale of company shares after exercising stock options.

J&J faces more than 16,000 lawsuits alleging it sold powders contaminated with asbestos and failed to warn users. It also faces a federal criminal investigation into how forthright it has been about the products’ safety.

Filings made by J&J to the U.S. Securities and Exchange Commission show that Mr. Gorsky sold US$38.6-million of company stock on Nov. 16, two days after Reuters made its findings known to the company.

On Monday, Mr. Gorsky acknowledged that his net proceeds totalled about US$22-million. In response to questions from a lawyer representing J&J, Mr. Gorsky reiterated that he had not been told about the Reuters e-mail in advance of the stock sale.

He also acknowledged that he sold less than 10 per cent of his holdings in the company in that transaction and that the shares would be worth more now if he had held onto them.

Story continues below advertisement

RELIED ON EXPERTS

Mr. Gorsky was subpoenaed by plaintiffs’ lawyers as a witness in a trial playing out in a courtroom near J&J headquarters. The plaintiffs, three men and one woman, all have mesothelioma, a rare and incurable cancer that they allege was caused by their exposure to asbestos in Baby Powder in infancy during their diapering.

During an earlier liability phase of the trial, a jury awarded US$37.2-million in compensatory damages. Now plaintiffs’ lawyers are seeking to persuade a new jury that J&J failed to do enough to ensure the purity of its product, and therefore additional punitive damages should be awarded.

“I was told by the experts in their fields that we were using the most appropriate, most up-to-date technology to make sure our talc was safe,” Mr. Gorsky testified.

In response to a question posed by plaintiffs’ lawyers, Mr. Gorsky also told the jury he did not read all the internal company documents related to potential asbestos contamination in Baby Powder, including those contained in links in the Reuters report.

“I did not read all the documents, but I would rely on the experts in these fields,” Mr. Gorsky testified.

J&J had fought against the subpoena, arguing that its CEO had no first-hand knowledge about the safety of its powders and that the case involves corporate conduct that occurred long before he joined the company.

Story continues below advertisement

Compelling his testimony “would serve no purpose other than to harass Mr. Gorsky and divert him from his executive responsibilities,” J&J said in a motion.

The New Jersey Supreme Court turned down the company’s request to suspend the subpoena last week.

In October, J&J disclosed that a contract lab for the U.S. Food and Drug Administration had found asbestos in a bottle of Baby Powder produced in 2018. The company questioned the finding and commissioned tests on samples from the same bottle and talc from the same lot.

Less than two weeks later, J&J announced those tests had found no asbestos, other than some contamination it blamed on an air conditioner in the lab.

Mr. Gorsky’s journey to the witness stand can be traced to the lead role he played in company efforts to rebut the Reuters report, which prompted plaintiffs’ lawyers to subpoena his testimony.

In the days after publication, the CEO personally attested to the safety and purity of Johnson’s Baby Powder in a video posted on the company’s website, as well as in an appearance on CNBC’s Mad Money.

Story continues below advertisement

“We unequivocally believe that our talc, our Baby Powder, does not contain asbestos,” Mr. Gorsky told the investment show’s host Jim Cramer.

Related topics

Report an error
Tickers mentioned in this story
Unchecking box will stop auto data updates
Due to technical reasons, we have temporarily removed commenting from our articles. We hope to have this fixed soon. Thank you for your patience. If you are looking to give feedback on our new site, please send it along to feedback@globeandmail.com. If you want to write a letter to the editor, please forward to letters@globeandmail.com.

Welcome to The Globe and Mail’s comment community. This is a space where subscribers can engage with each other and Globe staff. Non-subscribers can read and sort comments but will not be able to engage with them in any way. Click here to subscribe.

If you would like to write a letter to the editor, please forward it to letters@globeandmail.com. Readers can also interact with The Globe on Facebook and Twitter .

Welcome to The Globe and Mail’s comment community. This is a space where subscribers can engage with each other and Globe staff. Non-subscribers can read and sort comments but will not be able to engage with them in any way. Click here to subscribe.

If you would like to write a letter to the editor, please forward it to letters@globeandmail.com. Readers can also interact with The Globe on Facebook and Twitter .

Welcome to The Globe and Mail’s comment community. This is a space where subscribers can engage with each other and Globe staff.

We aim to create a safe and valuable space for discussion and debate. That means:

  • Treat others as you wish to be treated
  • Criticize ideas, not people
  • Stay on topic
  • Avoid the use of toxic and offensive language
  • Flag bad behaviour

Comments that violate our community guidelines will be removed.

Read our community guidelines here

Discussion loading ...

To view this site properly, enable cookies in your browser. Read our privacy policy to learn more.
How to enable cookies