The BC Supreme Court on June 8 upheld a class action lawsuit against pharmaceutical giants Pfizer Canada and Wyeth Canada filed by two plaintiffs who claim they became pregnant while taking the oral contraceptive Alesse.
Taylor Janet MacKinnon and Alysa McIntosh claim the Alesse 21 or Alesse 28 had manufacturing defects. They filed the class action lawsuit on behalf of people who consumed the medication between January 1, 2017 and April 30, 2019.
Judge Karen Horsman in her class certification ruling said that the focus of the plaintiffs’ case is on a December 2017 recommendation by Health Canada warning consumers that complaints have been received about undersized and broken pills in Alesse packages.
“Broken or smaller than normal birth control pills can deliver a lower dose of the active ingredient, which could reduce its effectiveness in preventing pregnancy,” the report said.
Plaintiffs alleged that testing of Alesse pills found that full-size pills sold during class contained a lower amount of estrogen than Alesse product information believed was necessary to effectively prevent pregnancy.
Plaintiffs allege Pfizer and Wyeth negligently failed to take reasonable steps to ensure that Alesse was safe and effective.
However, the defendants said the plaintiffs did not set any of the requirements for certification.
The judge disagreed, defining the class as anyone resident in Canada who has been prescribed and who has taken Alesse 21 or Alesse 28 between January 1, 2017 and April 30, 2019.
The allegations have yet to be examined in court.
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