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ARTICLE · 27 AUGUST 2024

Differences In Consumer Protection Legislation Continue To Deter National Consumer Protection Based Class Actions

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The Supreme Court of British Columbia's recent December 2023 decision in MacKinnon v Pfizer Canada Inc. (MacKinnon) illustrates that certifying a national class action against product manufacturers...

CanadaConsumer Protection
Peter T. Douglas
Peter T. Douglas
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The Supreme Court of British Columbia's recent December 2023 decision in MacKinnon v Pfizer Canada Inc. (MacKinnon) illustrates that certifying a national class action against product manufacturers based on breaches of provincial consumer protection statutes remains onerous.

The plaintiffs in MacKinnon sought to certify a class proceeding against various pharmaceutical manufacturers alleging that birth control products they manufactured were not effective in preventing pregnancies. In addition to claims in negligence regarding manufacturing defects, the plaintiffs alleged that the defendants engaged in unfair practices in violation of various provincial consumer protection statues by misrepresenting that the birth control products contained certain ingredients and that they were more than 99 percent effective in preventing pregnancy.

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