UNITED STATES BANKRUPTCY COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

BEN NYE CO., INC., BANKRUPTCY CASE, CASE NO. 2:24-bk-11857-DS

BEN NYE COMPANY DEALERS, FORMER AND CURRENT EMPLOYEES, PLAINTIFFS, AND OTHER PARTIES IN INTEREST

To Keep Your Right To Compensation If You Have Asbestos Related Illness Today Or If You Become Ill In The Future, You Must Submit A Claim By June 3, 2024, 5:00 p.m. Prevailing Pacific Time.

A  bankruptcy case, under Subchapter V of chapter 11 of the Bankruptcy Code has been filed by the Ben Nye Co., Inc. (the “Company”) in the United States Bankruptcy Court for the Central District of California. The Company designs and manufactures professional cosmetics, including face powder, for the performing arts. The Company sells its product to authorized retailers, and some performing theaters. The Company does not sell its products to the general public.

The Ben Nye Company has been sued by several plaintiffs’ law firms on behalf of parties that allegedly were exposed to asbestos found in talc used in the face powders manufactured by the Company (the “Lawsuits”). The Company is one of several unrelated defendants named in the Lawsuits, and most of the defendants are much larger companies than the Company. The Company denies that it manufactured face powders that contained talc with asbestos. To date, no plaintiff has obtained a judgment against the Company.

The Company has filed its Subchapter V chapter 11 bankruptcy case to obtain a “clean start” by restructuring its debts. Given the allegations in the Lawsuits (which the Company denies) that people have been exposed to asbestos from the manufacture, sale or use of the Company’s face powders, the Bankruptcy Court has decided that in order to keep your right to compensation if, you become ill in the future or have an asbestos-related illness today arising from such exposure, you must submit a claim by June 3, 2024 5:00 p.m. prevailing Pacific Time (the “Asbestos Claim Bar Date”). Failure to file a claim by the Asbestos Claim Bar Date will result in any existing or future claim against the Company arising from asbestos exposure being barred.

What Is Asbestos?

Asbestos is a fiber which causes asbestos-related disease that can be very serious or fatal and include diseases such as mesothelioma, lung cancer, laryngeal cancer, esophageal cancer, pharyngeal cancer, stomach cancer, and asbestosis, among other diseases. Even if your exposure was many years ago and you are not sick today, this notice could affect you. Asbestos-related illness can occur decades after the exposure to asbestos caused the illness.

How Could This Affect Me?

Given the Lawsuits and even though the Company denies that it ever manufactured, distributed, or sold face powder that contained asbestos, you may believe that you may have been exposed to asbestos from the distribution, use or manufacture of the Company’s face powder. Asbestos exposure is also possible from coming in contact with another person who was exposed to the face powder (for example, if the product was brought home on a family member’s clothing.) You may also file a claim on behalf of a deceased family member.

What Do I Do Now?

If you believe that you or a family member may have been exposed to asbestos from the manufacture or use of the Company’s face powder, you must submit a claim by June 3, 2024, 5 p.m. prevailing Pacific Time. Even if you have not been diagnosed with the disease or experienced symptoms, you must make a claim to preserve your right to compensation if you develop asbestos-related illness in the future. Go to  https://www.cacb.uscourts.gov/epoc-electronic-proof-claim to submit your claim online. To get a paper claim form, call 310.229.3368  for LNBYG. Submitting a claim preserves your right to ask for money if you develop asbestos-related illness in the future. You can submit a claim yourself or you can ask a lawyer to help you. If you are not ill today, completing a claim takes about five minutes.

Will I Get Money If I Submit A Claim?

Receiving this notice does not mean that you were exposed to asbestos or that you are eligible to receive money now or in the future. If you are not ill today, submitting a claim keeps your right to receive compensation if you become ill in the future. Further, there is no guaranty that the Company’s bankruptcy case will result in recoveries for holders of claims, including asbestos-related claims. Further, since the Company filed a case under Subchapter V of chapter 11 of the Bankruptcy Code and depending on the Company’s post-bankruptcy financial  projections, it is possible that creditors, including creditors holding asserted asbestos-related claims, will receive little if any recovery from the Company.

What If I Do Nothing?

If you do not submit a claim by the Asbestos Claim Bar Date and later manifest asbestos-related disease, you will not be eligible for compensation from the Company. Even if you have not been diagnosed with disease or experienced symptoms, you must make a claim to preserve your right to compensation if you develop an asbestos-related illness in the future.

Getting More Information

If you would like copies of the Company’s Schedules of Assets and Liabilities (the “Schedules”), the Bankruptcy Court order setting the Asbestos Claim Bar Date, and other information regarding the Company’s bankruptcy case emailed to you, please contact rmc@lnbyg.com. If you have questions call 310.229.3368, email at rmc@lnbyg.com or send a letter to Robert Carrasco, Esq., Levene, Neale, Bender, Yoo & Golubchik LLP, 2818 La Cienega Avenue, LA, CA 90034.

Reservation Of The Company’s Rights

Nothing contained in this Notice is intended or should be taken as the Company giving up rights to: (a) defend against any claim, filed proof of claim or any claim listed or reflected in the  Schedules related to the nature, amount, liability or claim classification thereof; (b) subsequently designate any scheduled claim as disputed, contingent or unliquidated; and (c) otherwise amend or supplement the Schedules.