Canadians can get in on class action against major pharmaceutical company

Canadians whose health has been affected by Johnson and Johnson products could be a part of a proposed class-action lawsuit.

On March 4, a Canada-wide class action was certified against the pharmaceutical company by the Ontario Superior Court of Justice. It alleges that the company's talc-based baby powder products were "marketed without adequate warnings about the potential risk of developing epithelial ovarian cancer following perineal use."

The representative plaintiff in the class action is Charles Baker. His wife, Kristin Baker, was a long-time user of Johnson and Johnson baby powder and died from ovarian cancer.

According to Health Canada, talc is a naturally occurring mineral found in deposits across Canada and in other countries. It can be found in cosmetics, natural health products, non-prescription drugs, food as an additive, paint, paper, plastics, and ceramics.

Canada's final chemical risk assessment of talc found that it may be harmful for your lungs if you breathe in loose powder products like baby powder or face powder.

It also found that talc may cause ovarian cancer when using it in the genital area in products like body wipes, baby powder, bath bombs and deodorants. For this reason, Health Canada has added talc to the Toxic Substances List, which allows the government to control the substance's life cycle from manufacturing to use.

The plaintiff's lawyer, Paul Miller, who is from Howie, Sacks & Henry LLP, told us that this class action has been a decade in the making due to COVID and Johnson and Johnson attempting to declare bankruptcy.

"There was very little movement. For a long time, we didn't know if we were going to even get the certification," he said.

According to the law firm, Johnson and Johnson have denied the plaintiff's allegations. We have reached out to the company for a statement.

Who is a part of this proposed class action against Johnson and Johnson?

The Ontario Superior Court's decision states that all women (and their heirs, beneficiaries, estates, legal representatives) who reside in Canada who purchased Johnson and Johnson's talc-based baby powder for perineal use are part of the class action.

Secondly, all women who developed epithelial ovarian cancer subsequent to their perineal use of the baby powder are eligible for the class action. Anyone who has a personal relationship with a class member is also entitled to claim damages under the Family Law Act.

According to Miller, the plaintiff is seeking general damages for the estate of the woman who suffered from ovarian cancer. If the woman is still alive, the class action is seeking damages for pain and suffering and loss of enjoyment of life.

"If they passed away and had a spouse and/or had kids, you've got a loss of income claim. If they're still living, there might be a need for future care," he said.

The court has not yet ruled on the merits of the class action. Miller said now that the class action has been certified, it can move to litigation.

"At this stage, there's absolutely no discussion of settlement because we're waiting to see if J and J will seek leave to appeal the decision," he explained.

This Canadian proceeding is advancing alongside talc litigation in the United States, where recent trials have resulted in jury verdicts in favour of plaintiffs.