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March 20, 2025
In a major legal development, the U.S. Bankruptcy Court for the Southern District of Texas for the third time dismissed the Chapter 11 case filed by Red River Talc LLC—an affiliate of Johnson & Johnson—marking a pivotal moment in the ongoing toxic substance lawsuit battle over talc products. The proposed $9 billion plan aimed to settle tens of thousands of cancer claims tied to defective product lawsuits, but the court ruled the plan was fundamentally flawed and could not be confirmed.
This case, involving over 90,000 claims of ovarian and gynecological cancer allegedly caused by asbestos-contaminated talcum powder, highlights the challenges that financially viable companies face when attempting to inappropriately resolve mass tort liability through bankruptcy. The plan failed to meet legal standards for vote validity, claim releases, and procedural fairness.
What Was the $9 Billion Plan Trying to Do?
Johnson & Johnson and Red River proposed a prepackaged bankruptcy plan to create a trust fund that would resolve existing and future talc-related personal injury claims. This would have included payments ranging from $75,000 to $150,000 for ovarian cancer victims, which was significantly less value than the plaintiffs can expect to receive in the civil tort system—The plan also offered minimal payments for other types of cancer claims, as low as $1,000.
Furthermore, in exchange for these small payments, all claimants—whether they agreed or not—would have had to release J&J and hundreds of third parties, including major retailers and Kenvue, from any further liability. That sweeping legal shield ultimately played a big role in the court’s decision to deny confirmation.
Why Was the Talc Bankruptcy Plan Rejected?
1. Unlawful Third-Party Releases
The plan attempted to impose nonconsensual legal releases on all claimants, even those who voted “no” or never voted at all. Under recent rulings—including the Supreme Court’s Purdue Pharma decision—such releases are not permitted in mass tort bankruptcies. The court ruled that these releases would illegally block future toxic substance lawsuits against companies not even filing for bankruptcy.
2. Overreach on Channeling Injunctions
J&J allegedly tried to use bankruptcy to shield retailers and other companies that sold its talc products from any future lawsuits. However, the court said these claims weren’t all derivative of J&J’s liability and could not be legally blocked. This overreach invalidated a key part of the bankruptcy plan and made it unworkable.
What Does This Mean for Talc Claimants?
For thousands of women suffering from ovarian and gynecological cancer, the ruling reopens the door to pursue individual toxic substance lawsuits and defective product lawsuits in state and federal courts. Plaintiffs will no longer be forced into a bankruptcy settlement that may undervalue their claims or strip away their rights.
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At Brayton Purcell LLP, we have decades of experience representing victims in complex toxic substance lawsuits and defective product lawsuits.
If you or a loved one developed cancer after using talc-based products like Johnson’s Baby Powder, you may be entitled to significant compensation. Our nationally recognized legal team can help you understand your options and take action—whether through settlement or trial.
📞 Call us today or fill out our contact form to schedule a free consultation. Don’t wait—your voice matters, and justice is still within reach.
