The B.C. Supreme Court has certified a nationwide class action lawsuit against e-cigarette maker JUUL Labs Inc. and associated company Altria Group Inc.
Two representative plaintiffs in the case, Owen Mann-Campbell and Robert Osborn, allege the companies deceptively marketed their product as a safe alternative to smoking and “conspired together to addict a new generation to nicotine.”
After six years and an attempt to appeal a partial certification decision, Justice Christopher Giaschi decided to allow the case to proceed and cover all Canadians who used the products since 2018, except for those who work for the companies involved or are related to people who work for those companies.
This latest judgment does not determine any fault in the case; it simply allows the case to proceed as a class action.
This case is one of two class action suits filed against JUUL in B.C. Court. The other is an action brought by the B.C. government to recover health care costs, a suit which was filed late last year and is in the early stages.
B.C. has filed similar lawsuits against tobacco and opioid-makers, landing a landmark $3.6-billion settlement against tobacco companies in early 2025.
Justice Giaschi first issued a long, 115-page judgment in 2025 finding that most of the plaintiffs’ case for class certification was met, but adjourned to allow them to adjust their claim and clarify a few particulars. That initial judgment was challenged in the B.C. Court of Appeal, but the appeal was dismissed as premature.
The companies also tried to force the judge to recuse himself, claiming he had not adequately considered their position in those initial reasons. Giaschi rejected this, saying the companies were trying to relitigate the case before a different judge.
The companies had then challenged this final, altered certification claim. JUUL argued that the plaintiffs hadn’t properly created subclasses, for example, for people who also smoke regular cigarettes. Altria argued it was not involved in JUUL’s Canadian operations, but was only an indirect investor.
Giaschi rejected both arguments. On the JUUL argument, he found that subclasses can be created later. For Altria’s claims, he found that the question of whether the company was sufficiently involved and whether the B.C. court had jurisdiction had already been determined, and this was another attempt by the company to relitigate the matter.
This certification decision will be open to another appeal, in which the companies can challenge both the initial 2025 judgment and this new order.