In Canada, the sale of pharmaceuticals and medical devices is
regulated by Health Canada under the Food and Drug Act and
Regulations and related legislation (Canadian Food Inspection
Agency Act, SC 1997 c.6; Consumer Packaging and Labelling Act, RSC
1985, c. C-38; Consumer Packaging and Labelling Regulations,
C.R.C., c. 417; Natural Health Products Regulations, SOR/2003-196;
Cosmetic Regulations, C.R.C., c. 869; Medical Devices Regulations,
SOR/98-282). Product liability is governed by common law principles
in all provinces except Québec, where it is governed by
civil law, under the Civil Code of Québec, and in certain
circumstances the Québec Consumer Protection Act. Product
liability claims are typically framed as actions in tort in common
law provinces or extra-contractual liability in Québec,
though they may also be framed as claims in contract. Typical
tort/extra-contractual liability-based claims include negligent
design, negligent manufacture, and breach of a