Resolved clauseShareholders request that Johnson & Johnson issue a public report, at reasonable cost and omitting proprietary information, disclosing if and how the Company plans to manage the environmental and health risks associated with PFAS chemicals in its products.
Whereas clauseExposure to toxic PFAS poses significant health, safety, reputational, litigation, and long-term financial viability concerns for companies and consumers alike. PFAS, known as “forever chemicals,” accumulate in the environment and human bodies, leading to a range of serious health and environmental impacts. Health harms include cancer, immune dysfunction, reproductive harm, and developmental issues, amplifying long-term liability and reputational concerns.[1]
PFAS Contamination in Contact Lenses
Johnson & Johnson contact lenses were tested in a recent PFAS study. The study’s EPA certified lab detected alarming levels of organic fluorine, a marker for PFAS, in the Company’s Acuvue Oasys with HydraLuxe 1-Day lenses and Acuvue Vita Astigmatism Senofilcon C lenses, ranging from 5,537 PPM to 6,096 PPM of organic fluorine, two of the four highest levels in the study.[2] This study received media attention, which increased consumer awareness and concern over the products’ PFAS toxicity.[3]
Legal, Financial, and Regulatory Risks of PFAS Are Accelerating
Growing evidence of significant PFAS-related public health and environmental harm has led to mounting litigation and costly settlements, including industry payouts as high as $850 million.[4] Johnson & Johnson is already facing legal consequences, including two class action lawsuits for failing to warn consumers about dangerous PFAS levels in its Band-Aid products.[5]
At the same time, PFAS regulations are rapidly expanding.[6] Notably, New York, Maine, and Washington have banned PFAS in children’s products, raising litigation risk for Johnson & Johnson, as 14.5% of all children under 17 years wear contact lenses.[7] As health protection regulations on PFAS expand, the company faces escalating risks, including lawsuits.
Shareholders Need Transparency to Assess Market Risk
Johnson & Johnson’s Health for Humanity Report pledges “to support a healthy environment and the resilience of our business, we focus our efforts ([on]…improving the environmental performance of our product portfolio [and] partnering to advance sustainable healthcare.”[8] Yet, the Company has not disclosed how it plans to address PFAS in its product portfolio.
The Company’s failure to address high PFAS presence in its products, including Acuvue contact lenses, may result in high environmental cleanup fees, export bans, insurability concerns, lawsuits, and, most significantly, harm to consumer and environmental health, disrupting the resilience of our Company’s business.
In a competitive marketplace increasingly demanding safe products and reduced harm to human and environmental health, shareholders seek information on how Johnson & Johnson plans to manage and reduce the presence of PFAS in its products or otherwise mitigate mounting risks.
[1] https://www.pfas.des.nh.gov/health-impacts
[2] https://mamavation.com/health/pfas-contact-lenses.html
[3] https://www.theguardian.com/environment/2023/may/09/contact-lenses-pfas-forever-chemicals
[4] https://www.wlf.org/2020/01/31/publishing/the-2020-outlook-for-pfas-chemical-litigation-an-expanding-target-zone/
[5] https://topclassactions.com/lawsuit-settlements/lawsuit-news/johnson-and-johnson-class-action-lawsuit-and-settlement-news/another-class-action-claims-band-aid-products-contain-pfas/
[6] https://www.saferstates.org/bill-tracker/?toxic_chemicals=PFAS
[7] https://www.optometrists.org/childrens-vision/guide-to-childrens-eye-exams/can-kids-wear-contact-lenses/
[8] https://healthforhumanityreport.jnj.com/2024/_assets/downloads/johnson-johnson-2024-health-for-humanity-report.pdf, p.28