Rita-Ann Chapman began using Avon talcum powder products in 1954, when she was 8 years old. She used the products multiple times per week until 1978; she resumed her use in 1995 and continued it until 2010. At some point before 2021, she was diagnosed with mesothelioma, a disease caused by exposure to asbestos. Avon was not the only possible source of Mrs. Chapman’s exposure to asbestos. In addition to using other cosmetic products, Mrs. Chapman alleged she was exposed to asbestos through her husband Gary Chapman’s work on automotive brakes.
In 2021, she and her husband brought a damages action against several dozen defendants, primarily in the cosmetics and automobile brake industries. By the time trial started, only Avon and Hyster-Yale Group, Inc. remained as defendants.
Mrs. Chapman died on March 16, 2025, and her husband Gary Chapman is her successor-in-interest.
After a lengthy trial, the jury returned a special verdict in plaintiffs’ favor, finding Avon strictly liable for selling products
with inadequate warnings and with defects in manufacture and design. The jury also found Avon liable for negligence,
fraudulent misrepresentation, and fraudulent concealment. It found Avon had acted with malice, oppression, or fraud,
warranting punitive damages. The jury awarded compensatory damages to the Chapmans in the amount of $40,831,453, and punitive damages in the amount of $10.3 million. Avon was apportioned to be 90 percent at fault.
Avon appealed, arguing that the trial court erred in 1) admitting the testimony of the Chapmans’ expert witness Dr. William Longo about the presence of one form of asbestos in Avon talc products; 2) excluding the testimony of Avon’s witness Lisa Gallo on the ground that she was not properly disclosed; 3) permitting the Chapmans’ expert witness Dr. Steven Haber, a medical doctor, to opine on methods of asbestos testing and the meaning of Avon’s internal documents. Avon also argued there is no reliable evidence that Avon talc products contained asbestos or that those products (or asbestos) caused Mrs. Chapman’s mesothelioma.
The Court of Appeals of the State of California Second Appellate District Division Eight stated in its February 11, 2026 unpublished opinion: “Avon has not come close to meeting even the minimal requirement of setting forth all the material evidence that is unfavorable to its position, let alone setting forth the version most favorable to plaintiffs … Avon has waived its challenge to the sufficiency of the evidence and part or all of each of its challenges to the admission or exclusion of evidence. Further, Avon has failed to show error or abuse of discretion in the trial court’s evidentiary rulings. The judgment is affirmed.”
Source Chapman v. Avon Products, Inc., LAOSD Asbestos Cases CA2/8.
If you or a loved one were harmed as a result of a talc product, such as baby powder, in the United States, you should promptly consult with a talc lawyer in your state who may investigate your talcum powder cancer claim for you and represent you or your loved one in a claim against the manufacturer of an unreasonably dangerous consumer product, if appropriate.
Visit our website to be connected with talc claim lawyers in your state who may assist you, or telephone us toll-free in the United States at 800-295-3959.
Turn to us when you don’t know where to turn.
