Johnson & Johnson (J&J) announced that LTL Management LLC (LTL), a newly created and separate subsidiary of Johnson & Johnson, which was established to hold and manage claims in cosmetic talc litigation, has filed for voluntary Chapter 11 bankruptcy protection.
According to J&J, this filing is intended to resolve all claims related to cosmetic talc in a manner that is equitable to all parties, including any current and future claimants. J&J and its other affiliates did not file for bankruptcy protection and will continue to operate their businesses as usual.
“We are taking these actions to bring certainty to all parties involved in the cosmetic talc cases,” said Michael Ullmann, executive vice president, general counsel of J&J. “While we continue to stand firmly behind the safety of our cosmetic talc products, we believe resolving this matter as quickly and efficiently as possible is in the best interests of the company and all stakeholders.”
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To demonstrate its commitment to resolving the cosmetic talc cases and remove any financial objections to the process, J&J has agreed to provide funding to LTL for the payment of amounts the bankruptcy court determines are owed by LTL and will also establish a $2 billion trust in furtherance of this purpose. In addition, LTL has been allocated certain royalty revenue streams with a present value of more than $350 million to further contribute to potential costs.
John Kim, chief legal officer of LTL, said, “With the financial backing of Johnson & Johnson, coupled with a dedicated trust and significant financial resources supporting LTL, we are confident all parties will be treated equitably during this process.” The company notes these actions are not a concession of liability but rather a means to achieve an equitable and efficient resolution of the claims raised in the cosmetic talc litigation. J&J reports it has won the majority of cosmetic talc-related jury trials that have been litigated to date and continues to believe that none of the talc-related claims against the company have merit.
The determination of an appropriate amount to resolve all current and future claims will be decided by the bankruptcy court in the Chapter 11 proceedings. This established process will allow for a more efficient and consistent resolution for all parties. While LTL pursues this equitable resolution, all cosmetic talc cases will be stayed pending the outcome of the proceedings.
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J&J underscores it remains focused on its mission to improve the trajectory of health for humanity and committed to developing lifesaving therapies and innovative solutions that help people live their healthiest lives.
LTL’s Chapter 11 case was filed in the U.S. Bankruptcy Court for the Western District of North Carolina. Court filings and information about LTL’s Chapter 11 case are available on a separate website administered by its claims agent, Epiq, at https://dm.epiq11.com/LTL.