On March 4, 2026, the Ontario Superior Court of Justice released an important decision in the Talcum Powder class action against Johnson & Johnson. The Court dismissed the defendants’ motion to stay the Ontario action and confirmed that the case will proceed as a certified class action.
This is a significant development and allows the Ontario proceeding to move forward toward the next stage of the litigation.
What the Court Decided
The Court addressed two main issues.
- The defendants’ request to stop the Ontario action
Johnson & Johnson asked the Court to stay (stop) the Ontario class action because similar proceedings exist in British Columbia and Québec.
The Court rejected that request.
Justice Leiper found that the Ontario proceeding is not simply a duplicate of those other cases and serves an important purpose for class members in Ontario and across Canada.
In particular, the Court noted that the Ontario action advances broader claims and a broader class definition than the existing British Columbia case.
- Whether a class action is the appropriate way to resolve these claims
The Court confirmed that a class proceeding is the preferable procedure for determining the common issues in this litigation.
Product liability cases involving alleged risks associated with a consumer product are well-suited to class proceedings because key questions, such as product safety, warnings, and corporate conduct, can be determined on a common basis for all class members.
Why the Ontario Action Is Important
In reaching its decision, the Court emphasized that the Ontario action provides a broader framework for potential recovery than the existing British Columbia class action.
For example, the Ontario proceeding:
- Includes all epithelial ovarian cancer subtypes
- Does not require a minimum duration of product use
- Includes purchasers and users who were not diagnosed with ovarian cancer
- Advances claims under consumer protection legislation and the Competition Act
Because of these broader claims and remedies, the Court concluded that allowing the Ontario action to proceed promotes access to justice for class members.
What Happens Next
With certification confirmed, the case now moves into the discovery phase of the litigation. This stage typically involves:
- The exchange of relevant documents between the parties
- Examinations for discovery
- Continued development of expert evidence
Following discovery, the Court will ultimately schedule a common issues trial to determine the key issues that apply to all class members. These include issues relating to general causation, warnings, and the defendants’ conduct.
If those issues are determined in favour of the class, the Court will then determine the appropriate process for addressing individual claims and damages.
Coordination with Other Proceedings
The Court acknowledged that related proceedings exist in other provinces and noted that courts and counsel may coordinate aspects of the cases as they move forward.
The Court also confirmed that there are tools available to ensure fairness and avoid any duplication of recovery if multiple proceedings advance in parallel.
What This Means for You
At this stage, no action is required from you. Our team will continue advancing the case on behalf of the class and will keep you informed as the litigation progresses.
We will provide further updates as the matter moves through discovery and toward the next stages of the proceeding.
A copy of the decision can be found here.
Talcum Powder
Ovarian cancer is the fifth most common form of the disease in Canadian women. It is also the most serious. While all women have some risk of developing ovarian cancer – an abnormal and uncontrollable growth of any one of a variety of types of ovarian cells can causing malignant tumours – certain factors such as age, genetics and ethnicity, reproductive history and hormone replacement, and endometriosis can increase that risk. And, so can regular use of a familiar household product.
Baby (talcum) powder has been used to help cure diaper rash, in cleansing cosmetics, and as an air freshener in homes for years. But studies have found that prolonged use of the powder when applied directly to a woman’s genitals or on products such as underwear, sanitary napkins, tampons or diaphragms can increase a woman’s risk of developing ovarian cancer by 33 percent.
A primary manufacturer of baby powder insists it’s safe. But when presented with peer-reviewed and case control studies showing a direct link to an increased risk of ovarian cancer, juries have disagreed. In personal injury trials in America, women (or loved ones of deceased women) who have developed ovarian cancer through prolonged use of this defective product have been awarded millions in compensatory and punitive damages. Canadian women may be able to obtain similar awards for the pain and suffering this company has caused.
An ovarian cancer diagnosis is a life-altering event. Discovering that using a product you were led to believe was safe may have contributed to this terrible affliction can be especially devastating. At HSH, our product liability lawyers have expertise in handling these types of cases and we are passionate about helping you find justice from companies whose negligence has hurt you or a loved one.
News You Can Use
- “Numerous lawsuits claim baby powder causes ovarian cancer. Is it safe or not?” – Read the Full Article on TheStar.com.
