Daily Hive recently featured HSH partner Paul Miller in a story covering the Canada-wide class action that has been certified against Johnson & Johnson by the Ontario Superior Court of Justice.
The class action alleges that the company’s talc-based baby powder products were sold without adequate warnings about the risk of developing epithelial ovarian cancer following perineal use. The case is brought on behalf of all Canadian women who used Johnson & Johnson’s talc-based baby powder in the perineal area, as well as those who developed epithelial ovarian cancer as a result, including their heirs, estates, and family members entitled to claim damages under the Family Law Act.
Paul described the certification as a milestone that has been nearly a decade in the making, delayed by the pandemic and Johnson & Johnson’s attempts to seek bankruptcy protection. He noted that now that certification has been granted, the case can advance to litigation, with the next step being to determine whether Johnson & Johnson will seek leave to appeal the decision.
This Canadian proceeding runs alongside ongoing talc litigation in the United States, where recent trials have resulted in jury verdicts in favour of plaintiffs.
