Class action demands against the SAQ and the brewers Molson, Labatt and Sleeman: are you part of it?

2023-07-07 19:30:00

Two class action lawsuits were filed in Montreal on Friday against the SAQ and major Canadian brewers for their lack of warnings about alcohol’s health risks, such as cancer and cirrhosis.

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“The goal is not to tell people to drink or not. We just want them to be able to make a free and informed decision,” said Me Jimmy Lambert.

The lawyer filed two class action suits at the Montreal courthouse, which he compares to those brought by tobacco victims in recent decades.

The first targets the Société des alcools du Québec (SAQ). The second targets the three largest beer brewers in the country, namely Molson, Labatt and Sleeman.

Both requests request a refund for all Quebecers who have already purchased alcoholic beverages at the SAQ or the three named brewers. A subgroup includes all Quebecers victims of cirrhosis or cancer of the mouth, pharynx, esophagus, larynx, breast, liver, colon or rectum after consuming the said products.

Cancer you be

The motion against the brewers highlights the story of C. Chalifoux, a 64-year-old woman who suffered from breast cancer in 2009, then a recurrence in 2021.

She started drinking alcohol at the age of 18, then gradually became addicted to it. Around 2019, she was drinking between 6 and 10 beers a day.

All this time, she was unaware that alcohol increased the risk of developing cancer, the document reads.

The subject caused a stir last January, when the Canadian Center on Substance Use and Addiction (CCSA) changed its recommendations, stating that no amount of alcohol is safe.

The group of experts estimates that even a moderate consumption of 3 to 6 glasses per week increases the risk of developing certain diseases, such as breast or colon cancer.

Awareness

It was therefore only in 2023 that Ms. Chalifoux became aware of these risks. “If the plaintiff had known the risks […] she would have consumed differently in the past.”

However, alcohol has been recognized by science as a class 1 carcinogen since 1988, it is argued in the application. Several studies have subsequently reiterated this conclusion.

By ignoring these risks, the SAQ and the targeted brewers are violating the Consumer Protection Act, says Mr. Lambert.

Pictograms advising not to drink during pregnancy or before driving appear on Molson and Labatt products. But there are no warnings about long-term disease risks.

The Association for Public Health, the CCDUS and Educ’Alcool also call for warnings to be added to the containers.

Marketing that incentivizes

On the side of the SAQ, no obligation in this sense is imposed on suppliers in its labeling guide, it is specified in the request.

The state corporation is also criticized for encouraging consumption through its marketing operations, such as its advertisements and its “Inspire” loyalty program.

Photo taken in a Quebec branch in 2015. JEAN-FRANCOIS DESGAGNES/JOURNAL DE QUEBEC/AGENCE QMI

Until recently, many people like Ms. Chalifoux, who had a history of illness or frailty, were unaware of the risks of alcohol, recalls Me Lambert. “Even me, [les récentes recommandations] changed my vision,” he admits.

The three targeted brewers represent approximately 90% of the beer market in Quebec, estimates Me Lambert. “If the big ones adapt, I think the little ones will follow.”

The SAQ and the Sleeman breweries have indicated that they do not want to comment on the file. At press time, Molson and Labatt had yet to respond to the email from Journal.

The two class action demands have not yet been authorized by a judge. So they might not go ahead, but potential members can already sign up for: lambertavocats.ca/recours-collectif-saq or lambertavocats.ca/recours-collectif-brasseurs.

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