Whittaker, Clark & Daniels

Whittaker, Clark & Daniels and Asbestos Exposure

Whittaker, Clark & Daniels (WC&D) was founded in New York in the 1890s as a supplier of talc, clay, and specialty minerals. The company expanded during the early 20th century, enhancing its delivery capacity through the early adoption of automotive trucks and the construction of larger facilities. 

It also began importing, exporting, and custom-blending its talc-based products for industries including cosmetics, paint, building materials, and food, becoming a key supplier for many iconic consumer goods companies. 

The bulk of Whittaker, Clark & Daniels’ asbestos liability stems from their talc mining, refining, and distribution activities. The vast majority of their talc supply was contaminated with asbestos, a fact the company chose not to disclose to consumers, putting thousands of lives at risk. 

The company began facing significant legal challenges in the early 2000s. By 2004, Whittaker, Clark & Daniels had ceased operations and sold its assets to Brenntag North America, transferring all its remaining equity to Berkshire Hathaway in 2007.

Dangers of Asbestos-Contaminated Talc Products

Asbestos and talc are frequently found close together geologically, making it virtually impossible to mine for one without contamination from the other. Recent studies have shown that even talc that was once certified as asbestos-free likely contained dangerous levels of the toxic mineral.

All varieties of asbestos share a similar structure and pose similar risks. However, the two varieties that are most likely to be found near talc deposits (tremolite and anthophyllite asbestos) are members of the amphibole family, which is known to be particularly carcinogenic. 

When asbestos fibers are inhaled, ingested, or applied to vulnerable skin, they don’t break down. Instead, they lodge in the body, causing scarring, irritation, and DNA changes that can lead to severe illnesses decades later.

Diseases Caused by Asbestos Exposure:

• Mesothelioma
• Lung cancer
• Ovarian cancer
• Asbestosis
• Pleural thickening
• Pleural plaques
• Pleural effusions
• Other forms of cancer

Mesothelioma is a rare and deadly form of cancer that develops in the lining surrounding organs. Treatment options are usually aggressive and expensive, costing patients an average of $400,000 out of pocket every year. Asbestos exposure is the only known cause of mesothelioma.

Financial Compensation from Whittaker, Clark & Daniels 

Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy protection in April 2023 after facing more than 2,700 claims alleging that its talc products exposed consumers to asbestos. Before filing, the company reported spending approximately $1 million per month on legal defense costs and stated that it could no longer sustain its mounting liabilities.

Although current options for seeking compensation from WC&D are limited, the bankruptcy process for companies with asbestos liabilities typically includes the creation of an asbestos trust fund. These trust funds are designed to provide both current and future victims with faster access to compensation; payments may begin in as few as 90 days of approval.

However, trust fund payments are usually a percentage of the total claim value, ensuring that funds remain available for all future claimants.

In addition to filing claims through trust funds, an experienced asbestos law firm can also help victims explore other potential sources of compensation, including:

• Benefits from the U.S. Department of Veterans Affairs (VA)
• Workers’ compensation claims
• Medical and treatment assistance programs

Asbestos Lawsuits Against Whittaker, Clark & Daniels 

Sarah Plant

Sarah Plant developed mesothelioma at just 36 years old after a lifetime of exposure to talc products distributed by Mary Kay and Johnson & Johnson. In her claim, Whittaker, Clark & Daniels was named as the source of the asbestos-contaminated talc supplied to the manufacturers. 

She was awarded $29.14 million. Her victory provided a critical first link between Mary Kay-branded talc products and Whittaker, Clark & Daniels’ contaminated supply.

Florence Nemeth

Florence Nemeth was awarded $16.5 million for peritoneal mesothelioma caused by asbestos in Desert Flower Dusting Powder, which used talc sourced from WC&D. 

Although the jury initially found in her favor, the case was overturned on appeal. Still, it remains significant for setting legal precedent in the evidence required to prove asbestos contamination in talc. 

William “Willie” McNeal Jr

Whittaker, Clark & Daniels was ordered to pay $4.8 million to 78-year-old William McNeal. Mr. McNeal used Old Spice talcum powder, made with WC&D talc, for over 20 years. The jury believed his claim that asbestos in this product directly contributed to his pleural mesothelioma diagnosis. The verdict included both compensatory and punitive damages. 

Philip Depoian

Following his diagnosis with mesothelioma, Mr. Depoian and his wife filed suit against Whittaker, Clark & Daniels and several other companies. The couple was eventually awarded $18 million.

The jury assigned WC&D 30% of the fault due to undisclosed asbestos contamination in their talc products. WC&D eventually offered a confidential settlement, which the couple accepted.

Asbestos-Containing Products Used at Whittaker, Clark & Daniels 

Whittaker, Clark & Daniels did not manufacture asbestos products. Instead, its asbestos liability stems from the mining, refining, and distribution of asbestos-contaminated talc. As a major North American supplier, the company sold its contaminated talc to many major consumer product manufacturers.

Companies that used Whittaker, Clark & Daniels asbestos-contaminated talc include:

• Johnson & Johnson 
• Colgate-Palmolive 
• Clubman 
• Jean Naté 
• Chanel 
• Avon
• Mary Kay
• Revlon 
• Shulton, Inc.

Occupations At-Risk

Whittaker, Clark & Daniels was one of the largest suppliers of talc and specialty minerals in the United States. The company had a broad distribution network and a complex supply chain that enabled it to distribute its asbestos-contaminated talc nationwide. 

The talc products and business practices of WC&D endangered not only its own workers, those who mined, milled, and distributed the talc, but also employees at client companies and everyday consumers, ultimately putting thousands of people at risk.

High-risk groups and professions:

• Cosmetics store employees
• Cosmetologists
• Factory workers
• Freight workers
• Home users 
• Makeup artists
• Millers
• Miners

Get Help Today 

Although Whittaker, Clark & Daniels did not manufacture asbestos-containing products, its failure to warn clients and consumers about its contaminated talc resulted in the injury and death of thousands of workers and end users.

Many of these victims continue to suffer from asbestos-related illnesses today, facing the high costs of medical treatment, loss of income, and an uncertain future for themselves and their families. But you don’t have to face these challenges alone.

Our trusted legal partners at Meirowitz & Wasserberg bring decades of combined experience handling complex talc contamination and asbestos exposure cases. Their specialized team has the knowledge, resources, and commitment needed to help victims pursue the compensation they deserve.

If you or a loved one has been affected by Whittaker, Clark & Daniels’ asbestos-contaminated talc, don’t wait to take action. Contact our team today to start your free case evaluation.

Written & Legally Reviewed By

Daniel Wasserberg, Esq. Attorney and On-Site Legal Advocate

Daniel Wasserberg was a New York metropolitan area “Super Lawyer Rising Star” from 2013 to 2018 (attorneys under age 40), and a Super Lawyer in 2019. In 2017, Daniel was named a “Top 100 Civil Litigator” by the National Trial Lawyers organization. This recognition is rarely awarded to attorneys under the age of 40. Daniel is proud to call himself a Trial Lawyer, and is often asked to speak at gatherings of the nation’s leading attorneys, from both sides of the bar.

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