British Columbia Can Mount Opioid Class Action, Canada’s Top Court Says

The province of British Columbia can bring a class action lawsuit against pharmaceutical companies for opioid harms on behalf of multiple governments across Canada, the country’s Supreme Court ruled on Friday.

In 2018, BC sued more than 40 drug manufacturers, wholesalers and distributors, alleging they fueled the harms of the opioid epidemic by deceptively underplaying the drugs’ dangers in their marketing.

BC was challenged by some companies when it tried to bring a class action on behalf of other Canadian federal, provincial and territorial governments and agencies that pay for care and treatment related to the opioid crisis.

The appeal by Sanis Health Inc., Shoppers Drug Mart Inc., Sandoz Canada Inc. and McKesson Canada Corp. was dismissed Friday by the Supreme Court of Canada, deeming BC’s ability to bring a class action constitutional.

The original BC civil claim was brought against companies including Apotex Inc., Bristol-Myers Squibb Co, Johnson & Johnson, Purdue Pharma LP, Teva Pharmaceutical Industries Ltd. and Loblaw Cos. Ltd. A claim against Purdue was settled for C$150 million ($107 million) in 2022.

Top photo: BC was challenged by some companies when it tried to bring a class action on behalf of other Canadian federal, provincial and territorial governments and agencies. Photographer: Eric Baradat/AFP/Getty Images.