Since 2019, Siskinds LLP has represented the plaintiffs in proposed JUUL class actions across Canada, alleging that the e-cigarette devices are hazardous products but were falsely marketed as a desirable, safe and healthier alternative to smoking. These Canadian lawsuits allege the defendants failed to properly inform Canadians, especially children, adolescents and young adults, of the dangers associated with the use of JUUL products.
The claims further allege that the defendants conspired to addict a new generation to nicotine or, alternatively, conspired to maintain and expand the market for JUUL products using unlawful means knowing that addiction and other injuries were likely to result.
Early jurisdiction challenges and appeals
Early in the proceeding, Altria challenged British Columbia’s jurisdiction over the action. Their application was dismissed. The Defendants applied to the Supreme Court of Canada (SCC) seeking leave to appeal the decision of the British Columbia Court of Appeal (BCCA). Leave was denied in Altria Group, Inc. v. Jaycen Stephens, et al., 2024 CanLII 105163.
British Columbia Supreme Court certifies national JUUL class action
The original certification hearing was held in December 2023 and May 2024. The Court adjourned the certification application to permit amendments to the notice of civil claim and the proposed common issues. The reasons are indexed as Mann-Campbell v JUUL Labs Canada, Ltd., 2025 BCSC 771.
On August 8, 2025, the Plaintiffs filed an amended notice of application for orders certifying this action as a class action proceeding. The amended notice of application included a fifth amended notice of civil claim, a list of amended proposed common issues and proposed litigation and notice plan. The Certification application was reheard for 3 days in January 2026. The defendants continued to oppose certification on new grounds, including an asserted need for subclasses and a request to revisit earlier findings in the 2025 Reasons.
On July 15, 2026, the Supreme Court of British Columbia certified the action as a national class proceeding in Mann-Campbell v JUUL Labs Canada, Ltd., 2026 BCSC 1288.
The Court held that its 2025 reasons did not require subclasses before certification and rejected the defendants’ argument that subclasses were necessary. It also confirmed that the adjournment was intended only to address identified deficiencies, not to revisit issues already decided as those issues are to be determined by appeal. The Court accepted the Plaintiffs amended common issues, litigation plan, and notice plan.
This was a significant victory for the Plaintiffs in the Canadian JUUL class action litigation.
What the decision means for affected Canadians
The BCSC granted class certification for all persons in Canada (except certain excluded individuals) who used and directly or indirectly purchased JUUL Devices or JUUL Pods in Canada for purposes that were primarily personal during the class period. The class period was certified from August 1, 2018, to July 15, 2026.
Next steps in the Canadian JUUL lawsuit
The certification decision was a significant milestone for the class. Following any appeals that the defendants file, the action can proceed to the discovery phase, where the parties will exchange documentary evidence and conduct examinations for discovery. This stage is critical in complex product liability and consumer protection litigation.
If you have any questions about the JUUL class action or believe you may have been a member of the certified class, please contact Siskinds’ Class Actions team for more information.
This article was written by Gigi Pao (Lawyer) and Gabriella Mackintosh (summer law student).