BC class action linking baby powder to cancer one step closer to certification
A class action linking talcum powder to ovarian cancer is one step closer to moving ahead after a BC judge reviewed the case and said it would be certified pending certain changes.
This is the case’s second attempt at certification after the lawsuit’s scope was adjusted following previous feedback from the BC Supreme Court in 2020. Kelly Ennis, a woman who survived ovarian cancer, is the new key plaintiff after previous lead plaintiff Linda Williamson died in 2020.
Ennis used talc-containing Johnson & Johnson baby powder in the genital area for much of her teen and adult life. She developed epithelial ovarian cancer and underwent surgery to have it removed.
The class action seeks compensation for individuals who used the product from Johnson & Johnson in the genital or perianal area and developed ovarian cancer. The lawsuit does not apply to customers who simply purchased the product.
The plaintiffs rely on expert witnesses and evidence that talc is linked to cancer. Health Canada has added talc to its toxic substances list, saying products that contain it, including baby powder, may cause ovarian cancer when used on the female genital area. Contact with the skin on other areas of the body does not pose the same risk, though breathing in talc powder can be harmful to the lungs.
The judge wrote that another class action over baby powder and ovarian cancer recently got certified in Quebec, and class proceedings have started in Ontario and Alberta as well. The decision also referenced 88 individual claims working their way through Canadian courts.
The proceedings were adjourned while appropriate changes are made and brought back before the court.