Ahlquist V. Glaxosmithkline Consumer Healthcare: Pre-Certification Disclosure In Class Actions

The recent decision of Ahlquist v. GlaxoSmithKline Consumer Healthcare, 2015 SKQB 192, concerns the scope of pre-certification disclosure in class actions.

Ahlquist involved denture adhesives manufactured by GlaxoSmithKline Consumer Healthcare Inc. ("GSK") and Procter & Gamble Inc. ("P&G") (collectively, the "Defendants") and known respectively as "Poligrip" and "Fixodent" (collectively, the "Adhesives").

Ms. Ahlquist, the representative plaintiff, had used the Adhesives over a prolonged period of time and began experiencing symptoms of a neurological disorder including "pins and needles sensations, numbness in her arms and legs...and sharp bursts of pain." Ms. Ahlquist alleged that zinc contained within the Adhesives was the cause of her injuries. Additionally, she asserted that the Defendants were negligent in marketing Adhesives containing zinc because they "knew or ought to have known, about the risks, injuries and losses to consumers and users that could