What Is New With Eligibility Tools Mass Tort Litigation in September 2026? Latest court filings and agency notices and Key Takeaways

By Steve Levine · Updated September 19, 2026

September 2026 brings concrete eligibility news across the largest mass torts: Johnson & Johnson's proposed $5.5 billion talc settlement now hinges on a 95% opt-in threshold, Pfizer's Depo-Provera settlement has an administrator in place with registration opening in November, and the Supreme Court's Roundup preemption ruling has narrowed who can still file. A mass tort is a set of individual injury lawsuits against the same defendant, usually consolidated in one federal court as multidistrict litigation (MDL), and eligibility in each one turns on proof of exposure, a qualifying diagnosis, and a timely claim. The month's filings and notices matter most to people deciding whether to register for a settlement, opt out, or file a new claim. The details below cover the talc opt-in decision, the Depo-Provera registration timeline, the Roundup ruling's effect, and where hair relaxer and AFFF claimants stand.

Talc claimants face the fall's biggest eligibility decision
Depo-Provera settlement machinery is now in place
The Roundup ruling redraws who can still sue
Hair relaxer and AFFF: active dockets, no settlements yet
What every eligibility check requires right now
Frequently Asked Questions

Talc claimants face the fall's biggest eligibility decision

The Johnson & Johnson talcum powder litigation remains the largest active mass tort. JPML figures reported by MDL Update show 69,250 cases pending in MDL 2738 as of September 2026, out of 71,935 ever filed, all before Judge Michael A. Shipp in New Jersey federal court. The live question for claimants is the proposed $5.5 billion settlement announced in

Readers Need to Know”>July 2026 through a court-appointed mediator. According to Motley Rice's September summary, the deal would resolve roughly 76,000 ovarian cancer claims — but it takes effect only if at least 95% of eligible plaintiffs opt in. That structure means each claimant's individual choice affects everyone: if participation falls short of the threshold, the settlement collapses for all of them. Claimants weighing the offer should get their eligibility tier and estimated payout in writing from their attorney before the opt-in deadline their firm communicates. An opt-in decision is effectively final once the participation threshold is certified.

Depo-Provera settlement machinery is now in place

Pfizer signed a master settlement agreement in the Depo-Provera meningioma litigation (MDL 3140) on July 21, 2026, covering most of the roughly 6,300–6,400 federal claims. Per Harm Report's coverage of the signed agreement, the deal uses a grid-based framework that adjusts base payouts by individual case factors, and the full eligibility criteria remain private. The administrative timeline is the September news. Drugwatch's MDL 3140 timeline reports that the court appointed BrownGreer PLC as settlement administrator on August 5, 2026, registration is expected to open in November 2026, and payments should begin in early 2027.

Claimants should have proof of Depo-Provera use and a meningioma diagnosis assembled before registration opens — grid-based settlements price claims on documentation. Claims outside the deal are not paused. The court kept a September 18, 2026 hearing on general-causation Rule 702 motions, the gatekeeping fight over whether plaintiffs' scientific experts may testify at all. Non-settling claimants' cases rise or fall with that ruling.

The Roundup ruling redraws who can still sue

The Supreme Court decided Monsanto Co. v. Durnell on June 25, 2026, holding 7-2 that the federal pesticide statute FIFRA expressly preempts state failure-to-warn claims that would require a cancer warning beyond Roundup's EPA-approved label.

The opinion, written by Justice Kavanaugh, reversed a $1.25 million verdict. For eligibility screening, this is the sharpest change of the year. Failure-to-warn was the backbone theory of most Roundup claims, so the pool of viable new cases is now much smaller. Anyone screening a Roundup claim in September 2026 needs an attorney to evaluate whether a non-warning theory — such as a design-defect claim, where state law allows one — can carry the case, rather than relying on the label-warning argument that no longer survives.

Hair relaxer and AFFF: active dockets, no settlements yet

The hair relaxer MDL before Judge Mary Rowland holds about 12,100 cases. The Lawsuit Information Center's September update reports the bellwether pool was narrowed from ten cases to five, second-wave defendants owe interrogatory answers and document production by September 29, 2026, and general discovery runs through July 15, 2027. That calendar signals no near-term settlement; new claimants with a qualifying diagnosis and documented product use can still file. The AFFF firefighting foam MDL 2873 in South Carolina held 15,264 pending claims as of September 2026.

No personal-injury settlement has been reached, the first bellwether trial came off the calendar, and Judge Richard Gergel extended leadership through the second bellwether pool. Claimants there should expect the case-value picture to stay unsettled until bellwether results exist. One door is closed entirely: Camp Lejeune water-contamination claims shut on August 10, 2024 under the Camp Lejeune Justice Act's two-year window. Previously filed claims are still processing, but no new claimant can qualify, and any screening tool still advertising Camp Lejeune intake is out of date.

What every eligibility check requires right now

Across all of these litigations, screening in September 2026 comes down to the same three requirements, and to documentation quality, which directly sets payout tiers. ConsumerShield's September overview notes that documentation-poor claims can land in tiers paying as little as $2,500.

The practical order of operations: gather records first, then screen. A claimant who registers for the Depo-Provera settlement in November or opts into the talc deal this fall with complete pharmacy and pathology records will be graded on a settlement grid; one who registers with gaps will be graded on the same grid and paid accordingly.

Documented use or exposure: purchase records, prescription history, employment or service records, or medical notes naming the product.
A diagnosis of the specific injury that litigation alleges — ovarian cancer for talc, meningioma for Depo-Provera, the qualifying cancers for AFFF — not a related or self-reported condition.
A timely claim under the applicable state statute of limitations, which usually runs from diagnosis, not from exposure.

Frequently Asked Questions

Can I still file a new Roundup claim after the Supreme Court's Durnell decision?

Only on a theory other than failure-to-warn. The June 25, 2026 ruling preempts state warning claims that go beyond the EPA-approved label, so an attorney must assess whether an alternative theory applies to your case.

When can Depo-Provera claimants register for the settlement?

Registration through administrator BrownGreer PLC is expected to open in November 2026, with payments beginning in early 2027, per Drugwatch's timeline of MDL 3140.

Is it too late to file an AFFF or hair relaxer claim?

No. Neither MDL has settled, both dockets remain active, and hair relaxer discovery runs through July 2027 — new claims with documented exposure and a qualifying diagnosis can still be filed, subject to state deadlines.

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