Barretts Minerals mines and processes talc and then sells it to distributors and product manufacturers. These companies then use it to make dozens of products in a variety of sectors, including coatings, rubber, paper, polymers, cosmetics, food, and pharmaceuticals.[1] Talc is frequently contaminated with asbestos, the mineral known to cause malignant mesothelioma and other asbestos-related illnesses, and talc itself has also been linked to various forms of cancer. Barretts Minerals talc has been cited in numerous personal injury lawsuits, and this resulted in the company filing for bankruptcy in 2023.
Barretts Minerals History and Asbestos
Dillon, Montana’s talc deposit was first discovered by early Native Americans, who used the mineral to make numerous tools, including its peace pipes. In 1943, Barretts Minerals began mining talc from that same vein in the Treasure and Regal Mines in the Ruby Mountains of Dillon, trucking the material eight miles to its plant for processing.
Over the years, the company’s talc has been a component of items as varied as paints, plastics, body powder, the coating on tablets, and chewing gum. According to one source, the catalytic converters of all automobiles manufactured in North America and over 70% globally included ceramic components containing talc from Barretts’ mines.[2]
The company was part of an unincorporated division of Pfizer, Inc. until 1992 when Pfizer incorporated Barretts Minerals Inc. as a wholly-owned subsidiary. Pfizer then reorganized, forming Minerals Technologies, Inc. as an independent company owning, through its subsidiaries, Pfizer’s specialty minerals businesses.[3] Minerals Technologies, Inc. has been the indirect parent of Barretts Minerals, Inc. since then.[4]
Barretts Minerals’ talc operations included two mines in Dillon, Montana, and two processing and transportation facilities located in Montana and in Bay City, Texas. The company controlled 2.5 million tons of premium high-quality talc resources with 1.5 million tons of reserves. Its talc was sold directly to manufacturers and to distributors who then sold it to their customers. It was used in over 300 products, leading to BMI having a total revenue in 2022 of approximately $57 million.
In 2023, Barretts Minerals faced significant potential liability from lawsuits alleging personal injuries caused by exposure to its talc. Claimants accused the product of being contaminated with asbestos. With over 880 cases asserting these claims and seeking damages for diagnoses of mesothelioma and other asbestos-related diseases, the company filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code to resolve its talc liabilities.[4]
How Did Barretts Minerals Use Asbestos?
The personal injury lawsuits filed against Barretts Minerals accuse the company’s talc of having been contaminated with asbestos and of having caused the plaintiffs’ malignant mesothelioma and other asbestos-related diseases. The company has maintained that it has always meticulously tested its talc for the presence of asbestos and details its rigorous procedure for ensuring that its talc mining operations are not contaminated with asbestos.[4] However, recent studies have associated talc itself with various forms of cancer, including ovarian cancer.
Who Is at Risk of Exposure to Asbestos from Barretts Minerals Talc?
Barretts Minerals’ talc has been used in over 300 products available in the consumer market or used in occupational settings. These products are used in construction, consumer products, and transportation applications. A small percentage has been used for over-the-counter cosmetic products, most notably talcum body powders, and these uses represent the majority of the claims filed against the company. The company stopped selling talc for cosmetic products in 2014, but it continues selling pharmaceutical-grade talc for non-cosmetic consumer applications, including food and pharmaceuticals.
Though the people who were most at risk of exposure to asbestos from Barretts Minerals talc were consumers who used cosmetic talc products made with the company’s talc, there are many others at high risk for being diagnosed with asbestos-related diseases linked to Barretts Minerals talc product. These include:
- Factory workers
- Mill workers
- Miners
- Ceramics workers
- Road construction workers
Talcum Powder and Mesothelioma
Like many other talc suppliers and companies whose products contained talcum powder, Barretts Minerals has asserted that its talc is free of asbestos contamination. Still, because talc and asbestos deposits are frequently adjacent to one another, some experts maintain that it is impossible to prevent talc from being contaminated with the carcinogenic material. Other studies have directly linked talc to the development of mesothelioma, and have found talc fibers in the lungs of people who have died of the disease.
Barretts Minerals Bankruptcy Over Asbestos Liabilities
On October 2, 2023, Barretts Minerals filed for Chapter 11 bankruptcy. Though many asbestos companies have turned to bankruptcy protection when facing significant litigation liabilities, the Barretts Minerals claim was filed in the United States Bankruptcy Court for the Southern District of Texas and represents another example of asbestos companies attempting to evade responsibility by pursuing a controversial legal strategy that has come to be known as a Texas Two Step, which involves forming a subsidiary to hold asbestos liabilities and then filing for bankruptcy in Texas because of the state’s corporate-friendly bankruptcy laws.
Though the company is based in Montana, days before filing for bankruptcy it borrowed approximately $6 million at 10% interest to finance the purchase of two real estate plots in Texas that represent its only assets in the state. It then formed Barretts Ventures Texas, a subsidiary that allowed it to say that it had a Texas venue.
In response to the filing, talc claimants and creditors have accused the company of “blatant forum shopping” and asked the bankruptcy court to return the filing to Montana, where the company does the vast majority of its business. That request was denied by the U.S. Bankruptcy judge hearing the case. The filing is still pending.
Asbestos Lawsuits Against Barretts Minerals
There are hundreds of asbestos lawsuits pending against Barretts Minerals, and those claims have been put on hold pending the outcome of the company’s bankruptcy filing. If the bankruptcy is approved, the company will be protected from having to pay compensation to those who have filed claims against them, but will likely be required to set up an asbestos bankruptcy trust fund.
Asbestos trust funds have been established by over 100 companies that have sought bankruptcy protection from asbestos litigants. The assets available in these funds total over $30 billion and are available to asbestos exposure victims exposed to each of those companies’ products. These asbestos bankruptcy trusts are administered by unbiased third parties who review each claim to ensure that applicants meet the established criteria and then, where appropriate, dispense the funds.
If Barretts Minerals bankruptcy results in the establishment of an asbestos bankruptcy trust, then those diagnosed with asbestos-related diseases in the future and those who already have claims pending will be eligible for compensation. Current claims include:
- John and Gwendolyn Rathbun filed a personal injury lawsuit alleging negligence, strict liability, negligent misrepresentation, fraud by nondisclosure, and loss of consortium against Barretts Minerals and others following his diagnosis of malignant mesothelioma. The suit specifies that Dr. Rathbun used Gold Bond Talcum Powder, which sourced its talc from Barretts Minerals.[5]
- Katherine Kesterson filed a mesothelioma lawsuit on behalf of herself and her children against Barretts Minerals following the death of her husband Scott Kesterson in 2020. She accuses the company of negligence, strict liability, false representation, intentional failure to warn, and fraud in having exposed him to asbestos in consumer talcum powder products.[6]
What to Do if You Were Exposed to Asbestos in Talcum Powder
There are currently tens of thousands of personal injury lawsuits that have been filed against companies involved in the mining, processing, manufacturing, and distribution of talc products, and it is anticipated that many more people who used cosmetic talc or talc in other forms will be diagnosed with asbestos-related diseases in the coming decades.
If you or someone you love has used a talc product in the past and develops symptoms of malignant mesothelioma, asbestosis, ovarian cancer, or any other asbestos-related disease, seek medical attention as soon as possible and alert your physician to your history of exposure. If you are diagnosed, an asbestos attorney can provide you with the information you need about your legal options.
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