On July 7, 2023, our firm filed an application for authorization to institute a class action against the SAQ. This application seeks damages for all consumers who purchased the alcohol products from the SAQ.
Our client’s story
Our client started drinking alcohol at the age of 18. In her twenties, she consumed several times a week, without perceiving any risks to the consumption of alcoholic products sold by the SAQ.
Like many people, our client believed that a glass of red wine a day was harmless and even beneficial to her health.
It wasn’t until she consulted a doctor for her father in 2022 that she learned that consuming more than two standard drinks a day is too high and carries major health risks.
She then significantly reduced her alcohol consumption and consumes alcohol only very exceptionally.
Breaches
It has been recognized by the World Health Organization (WHO), Health Canada, the Institut national de santé publique du Québec (INSPQ) and even Éduc’alcool, a company subsidized by the SAQ, that alcohol represents significant health risks.
In particular, the Canada’s Guidance on Alcohol and Health denounces the risks of drinking more than three (3) drinks per week on average. Indeed, it is unknown to many that alcohol is a Class 1 carcinogen, in the same way as tobacco and asbestos, for at least seven (7) types of cancer, namely:
- Oral cancer;
- Cancer of the pharynx;
- Esophageal cancer;
- Cancer of the larynx;
- Breast cancer;
- Liver cancer;
- Cancer of the colon and/or rectum;
Like all merchants subject to the Consumer Protection Act, the SAQ has the obligation to disclose any material facts about its product, not to make false or misleading representations, but also to give the necessary information to protect the user against the risks or dangers associated with its product. However, when selling its products, the SAQ is completely silent about the health risks of alcohol and promotes, on the contrary, the recurrent consumption of alcohol.
The proposed class action
As a result of the SAQ’s omissions and lack of transparency, the class action proposed by our firm argues that consumers do not have all the information and warnings necessary to make an informed choice when purchasing alcoholic products, not having been aware of the recognized risks of this substance for their health.
We estimate that this prohibited practice has affected several hundred thousand, if not millions, of consumers in Quebec. In addition, our class action also defends the interests of all persons diagnosed with one of the seven (7) cancers and cirrhosis directly related to recurrent alcohol consumption.
Thus, on behalf of our representative and all aggrieved members, we are seeking damages as well as punitive damages to punish the SAQ’s lax and reckless behaviour.
The proposed class
Subgroup A
All natural persons who have purchased, in Québec, an alcoholic beverage marketed, distributed and sold by the SAQ.
Subgroup B
All natural persons residing in Québec who are or have been victims of cirrhosis and/or cancer of the mouth, pharynx, esophagus, larynx, breast, liver, colon and/or rectum after consuming alcoholic beverages marketed, distributed and sold by the SAQ.
As well as the beneficiaries and/or heirs of deceased persons who would otherwise have been part of the Group.
Applications filed to the Court
Application for authorization to bring a class action (French)
Current status of the file
Pending authorization by a judge of the Superior Court.
How to be part of the class action?
If you fall within the definition of the groups referred to above, you are automatically part of these class actions.
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