Plaintiff
Defendant
Background:
The plaintiff alleged that Johnson & Johnson’s talc-based Baby Powder, widely marketed and used for personal hygiene, caused ovarian cancer when used in the genital area. Kelly Ennis used the product for much of her life and was diagnosed with epithelial ovarian cancer in 2021. The case followed similar lawsuits globally, where the use of talc-based products has been linked to cancer.
Key Legal Issues:
The lawsuit centered on claims of product liability, negligence, and breaches of consumer protection laws, with Ennis arguing that Johnson & Johnson failed to warn consumers about the risks associated with the product. The plaintiff relied on expert evidence to establish general causation between talc and ovarian cancer. Johnson & Johnson disputed these claims, arguing that no reliable scientific method linked talc to cancer on a class-wide basis.
Class Certification:
The court certified the class, restricting it to women diagnosed with epithelial ovarian cancer after using Baby Powder perineally. Claims under Ontario consumer protection laws were excluded due to a lack of privity of contract. Québec residents were also excluded, as they were covered by a separate class action.
Costs and Award:
No damages or costs were awarded at this stage. The next phase of litigation would address individual claims and potential compensation.
Court
Supreme Court of British ColumbiaCase Number
S179011Practice Area
Class actionsAmount
Winner
PlaintiffTrial Start Date
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