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Hydrogen Peroxide

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Hydrogen Peroxide

Hydrogen peroxide is a clear, colourless, inorganic liquid used primarily as a bleach or oxidizer. Hydrogen peroxide is sold in aqueous solutions, typically 35%, 50% or 70% by weight, in different grades or formulations specifically tailored for enhanced performance in a particular application of the product.

Background

Class action lawsuits have been ongoing in Ontario, British Columbia and Quebec alleging that from January 1, 1994 to January 5, 2005, the defendants and senior executives of the corporate defendants participated in illegal and secretive meetings and made arrangements relating to price targets, specific price increases, and market share divisions for hydrogen peroxide.

Settlements have been reached with all defendants except FMC Corporation and FMC of Canada Ltd.

For details of the settlements, please visit www.hydrogenperoxideclassaction.ca.

Amendment to Class Definition

On September 28, 2009, the action was certified in Ontario in respect of a national class defined as follows:

All persons in Canada (excluding the defendants and their subsidiaries, affiliates and predecessors) who purchased hydrogen peroxide, products containing hydrogen peroxide or products produced using hydrogen peroxide in Canada between January 1, 1994 and January 5, 2005.

On October 30, 2015, the Ontario court approved an amendment to the class definition that narrows the class and excludes some former class members. The class is now defined as follows:

All persons in Canada (excluding the defendants and their subsidiaries, affiliates and predecessors) who purchased hydrogen peroxide directly from a manufacturer of hydrogen peroxide or through a distributor of hydrogen peroxide in Canada, between November 1, 1998 and December 31, 2003.

The amendment narrows the class in two ways:

  1. It excludes those persons who purchased products containing or produced using hydrogen peroxide, and anyone who purchased hydrogen peroxide from retailers. Only persons who purchased hydrogen peroxide itself directly from a manufacturer of hydrogen peroxide or who purchased hydrogen peroxide from a chemical distributor remain in the Class.
  2. It also shortens the class period. The new start date is November 1, 1998 (instead of January 1, 1994), and the new end date is December 31, 2003 (instead of January 5, 2005). Persons who purchased hydrogen peroxide from January 1, 1994 to October 31, 1998 or from January 1, 2004 to January 5, 2005 are excluded from the Class.

The Order and Notices of the Amendment to the Class Definition may be viewed here:

Limitation Period

On January 13, 2016 the limitation period began to run for:

  • persons who purchased products containing or produced with hydrogen peroxide from January 1, 1994-January 5, 2005, or who purchased hydrogen peroxide but not from a defendant or chemical distributor; and
  • persons who purchased hydrogen peroxide from January 1, 1997 to October 31, 1998 and from January 1, 2004 to January 5, 2005.

Persons affected by the amendment who wish to pursue a claim should contact Luciana Brasil of Branch MacMaster LLP at 604-654-2999 or by email at uherlev@branmac.com for independent legal advice.

For any other questions or further information concerning this action, please contact Lise Carmichael at 1-800-689-2322 or 604-689-7555, or email lcarmichael@cfmlawyers.ca.

 

 




Hydrogen Peroxide - Status Updates:

January 13, 2016

Hydrogen Peroxide Class Definition Amended - View

June 22, 2015

Notice of Hearing in Hydrogen Peroxide Class Action - View

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