Talcum powder class action: Canadian lawsuit in the works

Johnson's baby powder is squeezed from its container on April 19, 2010. (Matt Rourke / AP)

As a California woman’s talcum powder lawsuit ends with a $70-million verdict, a Canadian class action against Johnson & Johnson could be just beginning.

Three Canadian law firms are representing a group of women from Quebec and Ontario who say they developed ovarian cancer after long-term use of baby powder. The plaintiffs in the proposed class action also include family members who claim emotional suffering from the illness and in one case the death of a Quebec woman with ovarian cancer.

“We’re still at the infancy of this,” said Paul Miller, a partner at Will Davidson LLP and co-lead counsel in the proposed class action.

Lawyers filed a statement of claim in May, and requested a case management judge be appointed Oct. 27. If certified, Miller says the class action would be the first Canadian case.

The proposed class action comes against the backdrop of high profile verdicts in the U.S. Most recently, a St. Louis jury awarded a woman $70 million in a lawsuit which alleged Johnson & Johnson’s baby powder caused her cancer.

“The jury is brilliant,” Miller told CTVNews.ca. “I think they made a good decision.”

Miller said he was pleased to see the jury respond to the evidence, but said it doesn’t guarantee the verdict would be the same in Canada.

“It’s not going to seal the deal but it’s not going to hurt either,” he said.

There are some key differences between cases, most notably that the St. Louis case was on behalf of an individual while the proposed class action would be for a group. In fact, all of the high-profile verdicts in U.S. baby powder lawsuits have been individual cases. He said class actions are more likely to go forward in Canada because plaintiffs in this country can be awarded different damages.

Miller’s client, Cindy Lou Strathdee, was diagnosed with stage 3 epithelial ovarian cancer in 2012, after using baby powder on her genital area for nearly 30 years. She underwent emergency surgery that involved a total hysterectomy, the removal of both her ovaries and her appendix, according to the statement of claim. She also went through chemotherapy.

“She’s doing pretty well right now but she wants some answers,” Miller said.

“She’s upset because if it was caused by something that should have been warned about, she doesn’t understand why there wasn’t a warning.”

The Canadian claim alleges Johnson & Johnson “breached their implied warranties” with the sale of baby powder. Furthermore it says the labeling was “false, misleading, deceptive.”

It has not been proven that Strathdee’s cancer was caused by the baby powder, but Miller said lawyers will be looking for scientific experts to testify.

The International Agency for Research on Cancer classifies genital use of talc as "possibly carcinogenic." The National Toxicology Program, made up of parts of several different U.S. government agencies, has not fully reviewed talc. The Canadian Cancer Society listed talc on the genital area as a possible risk factor for ovarian cancer after studies showed “mixed results.” The society says some research suggests that, in the past, talcum powder could have been contaminated with asbestos or other fibres with similar properties. It says Health Canada now ensures that talcum powder does not contain asbestos and talcum powders made with cornstarch do not increase the risk of ovarian cancer.

Johnson & Johnson, whose baby powder dominates the market, maintains the product is perfectly safe.

With files from The Associated Press