Imerys Talc America Trust

About the Imerys Talc America Trust

Imerys Talc America, Inc. (operating previously as Luzenac America, Inc.) was one of the largest talc mining and processing companies in the United States, extracting cosmetic- and industrial-grade talc from mines in Montana and Vermont and supplying it to major consumer product manufacturers and industrial users. Among its most prominent customers was Johnson & Johnson, to which Imerys supplied the talc used in its iconic Baby Powder and Shower to Shower products for many decades. Cosmetic-grade talc is mined in close geological proximity to asbestos deposits, and internal company documents — extensively cited in personal injury litigation — revealed that Imerys and its predecessors were aware that their talc could be contaminated with asbestos fibers, including tremolite and anthophyllite asbestos, yet continued to supply it for consumer use. Millions of women, infants, and personal care product users were exposed to this contaminated talc over many years of routine product use.

Separate from the consumer product liability, Imerys Talc America also supplied industrial-grade talc to manufacturers of rubber, plastics, ceramics, paints, and paper products, exposing industrial workers to asbestos-contaminated talc dust in occupational settings. As personal injury litigation — encompassing both mesothelioma and ovarian cancer claims — escalated dramatically, Imerys Talc America, Inc. filed for Chapter 11 bankruptcy protection in February 2019. The bankruptcy was filed in the District of Delaware and sought to create an asbestos personal injury trust under Section 524(g) of the Bankruptcy Code to resolve all present and future claims relating to Imerys talc. A plan of reorganization was confirmed establishing the Imerys Talc America Trust, which is notable for covering ovarian cancer claims in addition to mesothelioma — a recognition of the distinct harm caused by genital talc use that is not covered by most other asbestos trusts.

Trust Fund Details

The Imerys Trust is separate from any Johnson & Johnson settlement or trust. An asbestos attorney can provide current payment procedures and estimates for your specific claim.

Who Is Eligible to File a Claim

The Imerys Talc America Trust covers two distinct populations of claimants: consumers who were exposed to asbestos-contaminated cosmetic talc products, and workers who were occupationally exposed to industrial talc supplied by Imerys or Luzenac. Key eligible categories include:

• Women who used talc-based personal care products — including Johnson's Baby Powder, Shower to Shower, and other cosmetic talc products supplied by Imerys — over a period of years, and who developed ovarian cancer or mesothelioma
• Individuals who used talc-based body powder for personal hygiene, cosmetic, or baby care purposes, and who developed mesothelioma linked to asbestos-contaminated talc exposure
• Parents and caregivers who routinely applied talcum powder to infants and children and developed mesothelioma from repeated inhalation of contaminated powder
• Talc mine and processing workers at Imerys or Luzenac mining and processing facilities in Montana, Vermont, and other locations who were occupationally exposed to raw talc containing asbestos
• Industrial workers at rubber, plastics, paper, paint, and ceramics manufacturing facilities that used Imerys or Luzenac industrial-grade talc in their production processes
• Cosmetics and personal care product manufacturing workers who worked with bulk talc supplied by Imerys in manufacturing environments
• Laboratory and quality control workers who tested or handled Imerys talc products at industrial or consumer product facilities
• Secondary (household) exposure claimants — family members of mine or industrial workers who were exposed through contact with talc-contaminated work clothing

Both mesothelioma and ovarian cancer claimants must provide medical documentation of their diagnosis and documentation of exposure to Imerys or Luzenac talc, whether through consumer products or occupational channels. For consumer claimants, exposure documentation typically consists of a personal history of talc product use confirmed through sworn testimony.

How to File a Claim with the Imerys Talc America Trust

1. Consult a mesothelioma or talc litigation attorney immediately. The Imerys Trust is one of the most complex asbestos trusts in operation, given the overlap between consumer product claims, occupational claims, ovarian cancer claims, and the parallel Johnson & Johnson litigation. An experienced attorney can help you navigate all of these intersecting legal pathways.
2. Obtain complete medical documentation of your diagnosis. For mesothelioma claims, gather pathology reports, biopsy results, imaging studies, and physician letters confirming your diagnosis. For ovarian cancer claims, obtain surgical pathology reports, oncology records, and documentation of your ovarian cancer diagnosis and treatment history.
3. Document your talc exposure history. For consumer claimants, this typically consists of a detailed personal history describing your use of talc-based products — which products, how frequently, for how long, and in what manner. For occupational claimants, your attorney will compile employment records and site documentation showing you worked with Imerys or Luzenac talc.
4. Establish the link between Imerys talc specifically and your exposure. For Johnson's Baby Powder users, your attorney will present evidence that Imerys was the talc supplier to J&J during the relevant time period. For industrial claimants, purchasing records, supply chain documents, and co-worker testimony may be used to establish that Imerys/Luzenac was the talc source.
5. File the formal trust claim. Your attorney prepares the complete claim package — including the official claim form, medical records, exposure documentation, and any applicable affidavits — and submits it to the Imerys Trust administrator.
6. Pursue parallel compensation from Johnson & Johnson and other sources. Your attorney will simultaneously evaluate whether you have claims against Johnson & Johnson, other talc product manufacturers, and any other parties responsible for your asbestos exposure, pursuing all of these in parallel with the trust claim.
7. Evaluate and act on the trust's determination. Once the trust issues its offer, your attorney will advise on acceptance in context of your total compensation picture, which may include Johnson & Johnson settlements, other trust claims, and civil litigation proceeds.

Can You File Other Claims in Addition to the Imerys Trust?

Yes — and for talc-related mesothelioma and ovarian cancer cases, this is particularly important because the Imerys Trust is only one component of a potentially much larger compensation picture. Johnson & Johnson, which sold consumer talc products supplied by Imerys, has faced massive litigation over asbestos-contaminated Baby Powder and has pursued its own bankruptcy strategy through a subsidiary (LTL Management) to resolve talc claims. Whether any Johnson & Johnson compensation vehicle becomes available in addition to the Imerys Trust is a rapidly evolving legal situation, and having an attorney who monitors these developments is critical.

Industrial workers who were exposed to Imerys talc in manufacturing settings were likely also exposed to asbestos from many other sources — insulation, gaskets, and other industrial products — and may be eligible for additional trust claims from those exposures. For mesothelioma victims, an experienced attorney will survey the complete exposure history and file claims with every applicable trust simultaneously. Civil lawsuits against solvent defendants beyond the bankrupt Imerys entity may also be available. The Imerys Trust, the Johnson & Johnson situation, and any other applicable trusts together can collectively yield substantially more compensation than any single source alone.

Frequently Asked Questions