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FORM 1 'v/ .' .''
(RULE 3-1(1))
No.
S-'ppr^c Cf^iUHT """I Vancouver Registryj - "f u^jTj^N <n''j» UMPl/i 
[2]
Time for response to civil claim
A response to civil claim must be filed and served on the plaintiff,
(a) if you were served with the notice of civil claim anywhere in Canada,
within 21 days after that service,
(b) if you were served with the notice of civil claim anywhere in the United
States of America, within 35 days after that service,
(c) if you were served with the notice of civil claim anywhere else, within 49
days after that service, or
(d) if the time for response to civil claim has been set by order of the court,
within that time.
PLAINTIFF'S CLAIM
Part 1: STATEMENT OF FACTS
Overview
1. The Defendants research, develop, manufacture, market, label, distribute, place into the
stream of commerce, and sell TRESemme branded hair care products including
TRESemme shampoo and conditioner ("TRESemme products") for personal or household
use. The TRESemme products contain various chemicals, including at least one ingredient,
DMDM hydantoin, which is a formaldehyde donor known to leach formaldehyde when
coming into contact with water. These chemicals/ singularly or in combination, can cause
significant side effects including scalp irritation and hair loss when used as intended. The
Defendants exposed the Plaintiff and Class Members to DMDM hydantoin and other
chemicals through their negligence and failure to warn about the side effects of using
TRESemme products.
2. Through this suit, Canadians who used TRESemme products seek to hold the Defendants
accountable and to recover damages.
[3]
The Parties
3. The Plaintiff is a resident of British Columbia. She used TRESemme Moisture Rich
Shampoo, TRESemme Moisture Rich Conditioner, TRESemme Pro Collection Keratin
Smooth Shampoo, and TRESemme Pro Collection Keratin Smooth Conditioner in 2020.
4. The Plaintiff brings this action on her own behalf and on behalf all persons in Canada who
used TRESemme products and suffered resulting hair loss between the date that the
Defendants first used DMDM hydantoin in TRESemme products and the date this action is
certified as a class proceeding (the "Class"/ "Class Members" and "Class Period").
5. Unilever PLC is a corporation incorporated pursuant to the laws of England with a registered
office address at Port Sunlight, Wirral, Merseyside, CH62 4ZF, and a principal executive
office and address for service of directors and corporate secretaries at Unilever House, 100
Victoria Embankment, Blackfriars, London, England, EC4YODY. Unilever PLC is the ultimate
corporate parent of the other Defendants, and engages in the development, production,
marketing, and distribution of food, beverages, home care, and beauty and personal care
products worldwide and within Canada and British Columbia, including products under the
TRESemme brand.
6. Unilever Canada Inc is a corporation incorporated pursuant to the laws of Ontario and
registered in British Columbia as an extra-provincial company with an address for service
at Suites 1400 & 1500, 160 Bloor St East, Toronto/ Ontario, M4W 3R2. Unilever Canada
Inc is a direct subsidiary of Unilever PLC, and engages in the importation, marketing,
distribution, and placing into the stream of commerce of TRESemme products in Canada.
7. Unilever United States Inc is a corporation incorporated pursuant to the laws of Delaware
with an address for service at The Corporation Trust Company, Corporation Trust Center,
1209 Orange St, Wilmington, New Castle, Delaware, 19801. Unilever United States Inc is
the parent company of Conopco Inc dba Unilever Home & Personal Care USA. Unilever
United States Inc distributes TRESemme products in Canada and the United States.
[4]
8. Conopco Inc dba Unilever Home & Personal Care USA is a corporation incorporated
pursuant to the laws of New York with a registered agent at CT Corporation System, 28
Liberty St, New York, New York, 10005. Conopco Inc dba Unilever Home & Personal Care
USA is a subsidiary of Unilever United States Inc, and is the corporate entity that owns the
TRESemme brand and engages in the manufacturing, marketing, distribution, and placing
into the stream of commerce products under the TRESemme brand.
9. The Defendants Unilever PLC, Unilever Canada Inc, Unilever United States Inc, and Conopco
Inc dba Unilever Home & Personal Care USA are together "Unilever". These Defendants
function as a joint enterprise. Each of these Defendants is an agent of the other for the
purposes of developing, marketing, distributing and selling the TRESemme products
referred to herein.
TRESemme
10. TRESemme is a brand of hair care products which includes shampoos and conditioners,
dry shampoos, mousse, gels/ hair sprays/ creme and milk, and other styling sprays. These
products are used and sold in hair salons, and are sold directly to consumers at retail and
online storefronts in British Columbia and across Canada.
11. The TRESemme line of products was acquired by Unilever in 2010.
Hair Loss and Chemicals including DMDM Hydantoin
12. The TRESemme products contain numerous chemicals which may singularly or in
combination result in significant scalp irritation and hair loss.
13. In particular, the chemical DMDM hydantoin (dimethyl-dimethylhydantoin) is a
formaldehyde donor known to leach formaldehyde when coming into contact with water.
Formaldehyde is a well-known human carcinogen that can cause cancer and other
harmful reactions when absorbed into skin. Unilever has been using DMDM hydantoin as
a preservative in TRESemme and other products for more than a decade. TRESemme
products that include DMDM hydantoin include:
[5]
a. TRESemme 24 Hour Volume Shampoo;
b. TRESemme Clean & Natural Shampoo;
c. TRESemme Clean & Replenish Shampoo;
d. TRESemme Cleanse and Replenish 2 in 1 Shampoo and Conditioner;
e. TRESemme Color Revitalize Shampoo;
f. TRESemme Curl Hydration Shampoo;
g. TRESemme Damage Protect Shampoo;
h. TRESemme Expert Beauty-Full Volume Shampoo;
i. TRESemme Expert Botanique Curl Hydration Shampoo;
j. TRESemme Expert Botanique Damage & Recovery Shampoo;
k. TRESemme Expert Botanique Detox & Restore Shampoo;
I. TRESemme Expert Botanique Nourish & Replenish Shampoo;
m. TRESemme Expert Keratin Smooth Shampoo;
n. TRESemme Expert Keratin Smooth Colour Shampoo;
o. TRESemme Expert Repair & Protect 7 Shampoo;
p. TRESemme Expert Selection Perfectly (un)Done Weightless Silicone Free
Shampoo;
q. TRESemme Expert Selection Platinum Strength Strengthening Shampoo;
r. TRESemme Expert Selection Platinum Strength Strengthening Conditioner;
s. TRESemme Expert Selection Split Remedy Split End Shampoo;
t. TRESemme Moisture Rich Shampoo;
u. TRESemme Smooth &Silky Shampoo;
v. TRESemme Volume Healthy Shampoo;
w. TRESemme 24 Hour Body Conditioner;
x. TRESemme Clean & Natural Conditioner;
[6]
y. TRESemme Color Revitalize Conditioner;
z. TRESemme Curl Hydration Conditioner;
aa. TRESemme Damage Protect Conditioner;
bb. TRESemme Expert Botanique Detox & Restore Conditioner;
ec. TRESemme Expert Keratin Smooth Conditioner;
dd. TRESemme Expert Repair & Protect 7 Shampoo;
ee. TRESemme Moisture Rich Conditioner;
ff. TRESemme Platinum Strength Strengthening Conditioner;
gg. TRESemme Smooth & Silky Conditioner;
hh. TRESemme Split Remedy Split End Conditioner;
ii. TRESemme Volume Healthy Conditioner;
jj. TRESemme Split Remedy Split End Leave-ln Conditioning Treatment;
kk. TRESemme Curl Defining Spray Gel;
II. TRESemme Anti-Frizz Smoothing Creme;
mm. TRESemme Perfectly (un)Done Sea Salt Spray;
nn. TRESemme Climate Control Finishing Spray;
oo. TRESemme Tres Two Ultra Firm Control Texture Gel;
pp. TRESemme Tres Two Unscented Super Hold Hair Spray;
qq. TRESemme Thermal Creations Heat Tamer Hair Spray;
rr. TRESemme Thermal Creations Blow Dry Balm; and
ss. such other products produced/ marketed, and sold by Unilever that may become
known to the Plaintiff.
Together these are the "affected TRESemme products".
14. The dangers of including DMDM hydantoin as an ingredient in hair care products is well
known to Unilever. The inclusion of this chemical in Unilever's products, resulting in
[7]
significant scalp irritation and hair loss/ was the subject of a 2012 class action proceeding,
Reid et al v Unilever United States Inc et al, l:12-cv-06058, January 1,2012, in the District
Court, Northern District of Illinois, Eastern Division {"Reidv Unilever"), In 2012 Unilever
recalled the product that was the subject of Reid v Unilever, and in 2014 Unilever settled
the Reid v Unilever class action lawsuit for USD $10,250,000.00. This settlement was
subsequently upheld in 2016 by the Seventh Circuit Court of Appeals.
15. The presence of DMDM hydantoin is stated on the labels of the affected TRESemme
products:
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https://www.tresemme.com/ca/en/products/shampoo/tresemm%C3%A9-moisture-rich-shampoo.html
(accessed 02/Mar/2021)
16. Significant scalp irritation and hair loss can occur in users of the affected TRESemme
products when these products are used as intended.
17. Unilever continues to include formaldehyde donor chemicals such as DMDM hydantoin
despite the presence of safer alternatives. In fact, Unilever appears to have moved away
from the inclusion offormaldehyde donor chemicals in several products within the
TRESemme line of products.
8
18. Unilever had and has the ability to remove chemicals with adverse side effects, such as
DMDM hydantoin, from its products in favour of safer solutions.
19. TRESemme Expert Keratin Smooth includes or included DMDM hydantoin in its list of
ingredients, as noted on the Canadian version of the TRESemme website:
KERATINSMOOTH.
Ingredients
AQUA, SODIUM LAURETH SULFATE, COCAMIDOPROPYLBETAINE,GLYCERIN, POTASSIUM CHLORIDE, DIMETHICONOL, PARFUM, CARBOMER,ST/RENE/ACRYLATES COPOLYMER, GUAR HYDROXYPROPYLTRIMONIUMCHLORIDE, TEADODECYLBENZEN&&fctt1::UNArFTGtYGQL DISTEARATE,CITRICACID, TETRASODIUM EDU, DMDM HYDANTOIN, &IYDROLYZEDKERATIN, PEG45M, METHYLCHLQRWSOHdlAZQUNQN^,METHYLISOTHIAZOLINONE, PPG9, 01 77019, CI 77891.
https://www.tresemme.com/ca/en/Droducts/shampoo/keratin-smooth-shampoo.html
(accessed 02/Mar/2021)
[9]
20. However the same TRESemme Expert Keratin Smooth product no longer contained
DMDM hydantoin in a bottle available on store shelves in British Columbia as of February
1, 2021:
'^^E5 CHEVEUX MAGNinoUEWO^K"^.11^^,'
;SlONALSECKt 1 a I-HUI-I uun a i YLISTS GOTOTRF^
PROFE5SIONNELS DE LA PART DE IWm"V151TEZTRE5EMME.CA ' ~""":';"yu
ENTS; AOUA, SODIUM C12-13 PARETH SULFATE, COCAMISflm'^mai. CNLOBIOE, SCLEROCARffl BIRREA SEEO OIL, HrDROLYZEO KfRffl3WW. SODIUM BENZOA1E, GLYCOL DISTEARATE, CARBOMER.mmTKSDUW, GUAfl HVDROXyPROPYLTRIMONIUM CHLORIDE,3i(EUtNESmAIE PPG-9. COCAMIDE MEA, DISOOIUM EDTA,^iU.m-ISOMETHYL IONONE, BENZYL ALCOHOL, BENZYLaWWBlOL GERANIOL UBiYL CINNAMAL, USA > CANJE«W?7019,a7789i.i~"""""'""
II il^?ed (lrused(-detenueou
(U.' I'™"61'"""i*- Imparted dy. ^
SRCAN^^.^ymo
•2??-497-:
ir ^PLASTIC |<
IPLASTIQUElg.
21. Unilever's failure to switch from DMDM hydantoin to available safer alternatives in all
TRESemme products has put the Plaintiff and Class Members at risk, despite the reasonable
and economically viable opportunity to remove DMDM hyantoin from the affected
TRESemme products.
Marketing and Sale of TRESemme by the Defendants
22. Uniiever warrants that its products will result in improved hair quality, and that its
products are safe.
23. Unilever markets TRESemme products as "salon quality" and as building confidence in
women with "salon inspired and tested products".1 Unilever states that the TRESemme
line includes "... the solutions to moisturize, prevent breakage, manage frizz, volumize and
repair damaged hair for styles that last .'
1 httDS://www.tresemme.com/us/en/about-us/brand-storyjTtml (accessed 02/Mar/2021)2 httDS://www.unileverusa.com/brands/personal-care/tresemme.html (accessed 02/Mar/2021)
[10]
24. As an example, Unilever makes the following claims, and others, on the packaging of its
various products:
a. Our super smoothing system gives you not one, but five smoothing benefits
1. Anti-frizz
2. Perfectly detangles
3. Silky shine
4. Soft feel
5. Tames fly-aways
Professional-quality smoothness for the hair you've always wanted.
b. Hair seeming dull or dry? The TRESemme Moisture Rich System delivers intense
nourishmentand hydration, leaving tresses with a beautiful, healthy shine.
c. TRESemme PLATINUM STRENGTH Shampoo cleanses and fortifies for strong hair.
Repair up to 2 years of damage in just 5 uses with the TRESemme PLATINUM
STRENGTH system for beautifully smooth/ healthy-looking hair. The Renewing
Complex reinforces hair's naturally protective layer, restoring your hair's beauty
and protecting against future damage.5
d. TRESemme PLATINUM STRENGTH Conditioner fortifies and protects for
beautifully moisturized hair. Repair up to 2 years of damage in just 5 uses with
the TRESemme PLATINUM STRENGTH system for smooth, healthy-looking hair.
The Renewing Complex reinforces hair's naturally protective layer, restoring your
hair's beauty and protecting against future damage.6
TRESemme Keratin Smooth Shampoo, image of package details4 TRESemme Moisture Rich Shampoo, image of package details
TRESemme Expert Selection Platinum Strength Strengthening Shampoo, image of package detailsTRESemme Expert Selection Platinum Strength Strengthening Conditioner, image of package details
11
e. The TRESemme® Clean & Natural System moisturizes hair without leaving any
residue or build-up/ delivery soft, shiny & radiant tresses.7
25. Unilever fails to include any warning on its packaging or in its marketing that some of the
chemicals present in its affected TRESemme products, including DMDM hydantoin, are
formaldehyde donor chemicals. Unilever also fails to provide any warning that
formaldehyde donor chemicals, including DMDM hydantoin, are toxic and may cause side
effects including but not limited to significant scalp irritation and hair loss, despite being
aware since 2012 or earlier of the danger to consumers posed by these chemicals.
26. To the contrary, Unilever claims on its website that formaldehyde donor chemicals,
including DMDM hydantoin, are safe for consumers.
Harm to Plaintiff and Class Members
27. The Plaintiff and Class Members have suffered harms and losses as a result of the
Defendants' negligence and failure to warn.
28. The Plaintiff and Class Members have suffered injury, including significant scalp irritation
and hair loss. The Plaintiff's hair loss is significant and noticeable, and affects her personal
confidence, employability, social interactions, and social status and self-worth.
29. Had the Plaintiff been aware of the nature and severity of the risk of significant scalp
irritation/ hair loss/ and other side effects associated with use of the affected TRESemme
products, she would not have used these products. She would have explored one or more
of the many other products on the market for hair care.
30. The Plaintiff's injuries have and will continue to cause her suffering, loss of enjoyment of
life, permanent physical disfigurement, loss of income earning capacity/ past and future/
and cost of care, past and future.
TRESemme Clean & Natural Shampoo, from website (accessed 02/Mar/2021]https://www.tresemme.com/ca/en/products/shampoo/-tresemm%C3%A9-clean-&-natural-shamDoo.html
https://www.unilever.com/brands/Our-products-and-inBredients/Your-inRredient-ctyestions;
answered/Formaldehyde-donors.htmt (accessed 02/Mar/2021)
[12]
31. The Plaintiff paid for the affected TRESemme products out of her own pocket for personal
use.
32. At all material times the Plaintiff and Class Members were in a relation of proximity with
Unilever.
Part 2: RELIEF SOUGHT
33. The Plaintiff claims, on her own behalf and on behalf of the Class Members:
a. an order certifying this action as a class proceeding under the Class Proceedings
Act, RSBC 1996, c 50 (the "Class Proceedings Act"};
b. general damages;
c. an accounting and restitution or, alternatively, disgorgement, of the cost of the
affected TRESemme products for purchase in Canada;
d. damages under the BPCPA, s 171;
e. punitive damages;
f. special damages;
g. Recovery of health care costs pursuant to the Health Care Cost Recovery Act, S.B.C.
2008, c. 27 and similar legislation in other provinces.
h. pre-judgment and post-judgment interest under the Court Order Interest Act,
RSBC 1996, c 79;
i. an injunction to prevent the Defendants from including DMDM hydantoin in
their products, and / or requiring that the Defendants include a warning about
potential side effects, including the risk of significant scalp irritation and hair loss,
[13]
resulting from the use of their products on all packaging and marketing
materials; and
j. such further and other relief as this Honourable Court may deem just.
Part 3: LEGAL BASIS
34. The Plaintiff and Class Members plead and rely on the Class Proceedings Act; the
Limitation Act, SBC 2012, c 13; the Court Order Interest Act, RSBC 1996, c 79; the
Negligence Act, RSBC 1996, c 318; the Competition Act, RSC 1985, c C-34; the Food and
Drugs Act, RSC 1985, c F-27; the Business Practices and Consumer Protection Act, SBC
2004, c 2; the Health Care Cost Recovery Act, SBC 2008, c 27; the Emergency Program Act,
Ministerial Order No. M098; the Supreme Court Civil Rules; and related enactments.
Negligent Design
35. At all material times Unilever owed the Plaintiff and other Class Members a duty of care
in designing, developing, researching, and testing the affected TRESemme products.
36. Unilever breached its duty of care to the Plaintiff and Class members/ particulars of which
include, inter alia:
a. failing to conduct adequate tests and clinical trials prior to releasing the affected
TRESemme products into the stream of commerce to determine the nature and
degree of risks associated with using the affected TRESemme products;
b. after the affected TRESemme products were released into the stream of
commerce, failing to conduct ongoing tests to determine the nature and severity
of side effects associated with use of the affected TRESemme products,
adequately or at all;
[14]
c. after the affected TRESemme products were released into the stream of
commerce, failing to investigate, study or research the reported side effects
related to the use of the affected TRESemme products when they knew or ought
to have known of such adverse reactions, adequately or at all; and
d. failing to ensure that the affected TRESemme products were fit for their
intended purpose, both before releasing it into the stream of commerce and on
an ongoing basis thereafter.
Failure to Warn
37. At all material times Unilever owed the Plaintiff and other Class Members a duty of care
and a duty to warn in marketing, labelling, promoting and selling the affected TRESemme
products.
38. Unilever breached its duty of care to the Plaintiff and other Class Members, particulars of
which include, inter alia:
a. failing to warn class members about the nature and severity of any foreseeable
risk of side effects including significant scalp irritation and hair loss associated
with the proper use and application of the affected TRESemme products;
b. indicating on their website that formaldehyde donor chemicals, including DMDM
hydantoin, were safe when they had reason to believe otherwise; and
c. after learning of the risk of serious side effects, including significant scalp
irritation and hair loss, associated with the proper use and application of the'
affected TRESemme products, failing to issue adequate warnings, publicize the
problem, recall the affected TRESemme products and otherwise act properly and
in a timely manner to alert Class Members to such risks.
Causation and Damages
[15]
39. As a result of Unilever's negligence in the design, development, research, testing,
monitoring, marketing, labelling, promotion and sale of the affected TRESemme products,
the Plaintiff and other Class Members have suffered and continue to suffer losses and
damages, including:
a. personal injury;
b. loss of income earning capacity, past and future;
c. cost of care, past and future; and
d. loss of enjoyment of life.
40. At all material times Unilever was in a close and proximate relationship to the Plaintiff
and other Class Members. The damages and losses suffered by the Plaintiff and other
Class Members are the reasonably foreseeable consequences of Unilever's
aforementioned negligence and failure to warn.
Health Care Costs
41. The Province of British Columbia provides coverage for health care services to British
Columbia residents through the Medical Services Plan and Health Insurance BC.
42. The Plaintiff and Class Members are each a "beneficiary" within the meaning of the
Medicare Protection Act, RSBC 1996, c 286 and any amendments.
43. The Plaintiffs and Class Members have a claim for the recovery of health care costs, past
and future, incurred on their behalf by the British Columbia Ministry of Health and by
other provincial and territorial governments. The Plaintiffs plead the following provincial
and territorial statutes, as amended, in support of a claim for recovery of health care
costs incurred by provincial and territorial governments:
a. Health Care Cost Recovery Act, SBC 2008, c 27;
[16]
b. Medicare Protection Act, RSBC 1996, c 286;
c. Pharmaceutical Services Act, SBC 2012, c 22;
d. Hospital Act, RSA 2000, c H-12;
e. Crown's Right of Recovery Act, SA 2009, c C-35;
f. The Health Administration Act, RSS 1978, c H-0.0001 (formerly known as the
Department of Health Act};
g. Health Services Insurance Act, CSSM s H35;
h. Health Insurance Act, RSO 1990, c H.6;
i. Home Care and Community Services Act, 1994, SO 1994, c26;
j. Health Services Act, RSNB 1973, c H-3;
k. Medical Services Payment Act, RSN B 1973, c M-7;
1. Hospital Services Act, RSNB 1973, c H-9;
m. Family Services Act, SNB 1980, c F-2.2;
n. Hospital and Diagnostic Services Insurance Act, RSPEI 1988, c H-8;
o. Health Services Payment Act, RSPEI1988, c H-2;
p. Health Services and Insurance Act, RSNS 1989, c 197;
q. Hospital Insurance Agreement Act, RSN 1990, c H-7;
r. Medical Care and Hospital Insurance Act, SNL 2016, c M-5.01;
s. Hospital Insurance and Health and Social Services Administration Act, RSNWT
1988, c T-3;
[17]
t. Hospital Insurance and Health and Social Services Administration Act, RSNWT
(Nu)1988,cT-3;
u. Medical Care Act, RSNWT (Nu) 1988, c M-8;
v. Health Insurance Act, CQ.LR c A-29;and
w. Hospital Insurance Act, RSQ. c A-28.
But for the Defendants' aforementioned negligence and failure to warn, the Plaintiff and other
Class Members would not have incurred the expenses associated with seeking treatment for side
effects including significant scalp irritation and hair loss. The Plaintiff and other Class Members
claim as special damages their out-of-pocket expenses incurred in treating the harm suffered
through the proper use of the product.
Unjust Enrichment
44. As set out above, Unilever has been enriched by the amounts paid by the Plaintiff and
Class Members for the affected TRESemme products.
45. The Plaintiff and Class Members have been deprived by the payment of those amounts
for the affected TRESemme products.
46. There is no juristic reason why Unilever should have received or retain this benefit. In
particular, the breaches of the Competition Act, RSC 1985, c C-34, s 52, negate anyjuristic
reason by which Unilever should have received or should retain this benefit and voids any
contract under which the Plaintiff or Class Members paid for the affected TRESemme
products.
[18]
47. Unilever violated the Competition Act, s 52 by promoting and representing to the public
that its products were safe and would result in stronger healthier hair, when it knew or
should have known that the material presence of DMDM hydantoin in its products was
associated with a risk of serious side effects including significant scalp irritation and hair
loss. Further, Unilever failed to warn consumers about these same risks thereby indirectly
promoting and representing to the public that its products were materially safe and free
of side effects when it knew that this was false or misleading in a material sense.
48. Breaches of the Food and Drugs Act, RSC, 1985, c F-27 negate anyjuristic reason by which
the Defendants should have received or should retain this benefit and voids any contract
under which the Plaintiff or Class Members paid for the affected TRESemme products.
The affected TRESemme products are "cosmetics" as defined in the Food and Drugs Act,
RSC, 1985, c F-27, s 2.
49. Unilever violated the Food and Drugs Act, RSC, 1985, c F-27, s 16 by selling a cosmetic
that had in it DMDM hydantoin, a substance that may cause injury to the health of the
user when the cosmetic is used according to the directions on the label, and for such
purposes and by such methods of use as are customary or usual therefor.
50. As a result of their actions, Unilever has been unjustly enriched. The Plaintiff and Class
Members are entitled to restitution of the benefits received by Unilever on account of the
sale of the affected TRESemme products in Canada.
51. In the alternative, justice and good conscience require that Unilever disgorge to the
Plaintiff and Class Members an amount attributable to the benefits received by them on
account of the sale of the affected TRESemme products in Canada.
Consumer Protection Act
52. Unilever violated the Business Practices and Consumer Protection Act, SBC 2004, c 2
("BPCPA"), ss 8 and 9 by taking advantage of the consumer's inability to reasonably
evaluate the safety of the ingredients in the affected TRESemme products and failing to
[19]
warn consumers that the material presence of DMDM hydantoin in its products was
associated with a risk of serious side effects including significant scalp irritation and hair
loss.
53. The Plaintiff and Class Members are entitled to damages under the BPCPA, section 171.
54. Class Members resident outside British Columbia plead and rely on inter alia: Consumer
Protection Act, RSA 2000, c C-26.3; The Consumer Protection and Business Practices Act,
SS 2013, c C-30.2; Consumer Protection Act, CCSM c C200; Consumer Protection Act, 2002,
SO, c 30, Sch A; Consumer Protection Act, CQLR c P-40.1; Consumer Protection Act, RSNS
1989, c 92; Consumer Protection Act, RSPEI 1988, c C-19; Consumer Protection and
Business Practices Act, SNL 2009, c C-31.1; Consumers Protection Act, RSY 2002, c 40;
Consumer Protection Act, RSNWT 1988, c C-17; and Consumer Protection Act, RSNWT
1988 (Nu), c C-17; each as amended from time to time and with regulations in force at
material times.
Joint and Several Liability
55. The Defendants are jointly and severally liable for the actions and damages allocable to
any of them.
Punitive Damages
56. Unilever's actions described herein were high-handed and oppressive conduct that
departs to a marked degree from the ordinary standards expected of designers,
developers/ testers, researchers, marketers, labelers and sellers of home care products
for human use, thereby unnecessarily endangering the health of the Plaintiff and other
Class Members. In particular, the Defendants' failures to investigate consumer complaints
of serious side effects including significant scalp irritation and hair loss, failure to
investigate these same side effects subsequent to the class action litigation of 2012 and
subsequent settlement, and the Defendants' failures to recall the affected TRESemme
products in Canada, demand an award of punitive damages.
[20]
Limitation Periods
57. The Plaintiff or Class Members could not reasonably have known that loss or damage had
occurred, that it was caused or contributed to by acts of the Defendants, or that a court
proceeding would be an appropriate means to seek to remedy the injury until the date of
her hair loss in March, 2020. The harm is ongoing.
58. The Plaintiff and Class Members rely on the doctrines of postponement, discoverability,
and fraudulent concealment per Pioneer Corp v Godfrey to postpone the running of the
limitation period until March 1, 2020.
59. The Plaintiff and Class Members plead and rely on and the Limitation Act, SBC 2012, c 13,
and in particular ss 8 and 21(3). In the alternative, or in addition, the Plaintiff and Class
Members rely on the Limitation Act, SBC 2012, c 13, s 30 and the Limitation Act, RSBC
1996, c 266. In addition, the Plaintiff and Class Members in British Columbia plead and
rely on the Emergency Program Act, Ministerial Order No. M098 to suspend the running
of the limitation period from March 26,2020.
Service
60. The Plaintiff and Class Members have the right to serve this Notice of Civil Claim on the
Defendants Unilever PLC, Unilever Canada Inc, Unilever United States Inc, and Conopco
Inc dba Unilever Home & Personal Care USA pursuant to the Court Jurisdiction and
Proceedings Transfer Act, SBC 2003, c 28, s 10 (CJPTA), because there is a real and
substantial connection between British Columbia and the facts on which this proceeding
is based.
61. The Plaintiff and Class Members rely on the following grounds, in that this action
concerns:
a. a tort committed in British Columbia (CJPTA, s 10(g));
b. restitutionary obligations that, to a substantial extent, arose in British Columbia
(CJPTA, s 10(f)); and
[21]
c. a business carried on in British Columbia (CJPTA, s 10(h)).
Plaintiff's address for service:
Fax number for service:
Email address for service:
Place of trial:
The address of the registry is:
Date: March 5, 2021
Slater Vecchio LLP
1800 - 777 Dunsmuir Street
Vancouver, BC V7Y 1K4
604,682.5197
Vancouver/ BC
800 Smithe Street
Vancouver/ BC
V6Z 2E1
For:
Signature of lawyer for plaintiff
Q^Anthony A Vecchio Q..C.
Slater Vecchio LLP
and
MathewGood
Mathew P Good Law Corp
22
Rule 7-1 (1) of the Supreme Court Civil Rules states:
(1) Unless all parties of record consent or the court otherwise orders, each party of
record to an action must, within 35 days after the end of the pleading period,
(a) prepare a list of documents in Form 22 that lists
(i) all documents that are or have been in the party's possession or
control and that could, if available, be used by any party at trial to
prove or disprove a material fact, and
(ii) all other documents to which the party intends to refer at trial, and
(b) serve the list on all parties of record.
ENDORSEMENT ON ORIGINATING PLEADING OR PETITIONFOR SERVICE OUTSIDE BRITISH COLUMBIA
The plaintiff claims the right to serve this pleading on the defendants UNILEVER PLC/ UNILEVER
CANADA INC, UNILEVER UNITED STATES INC, and CONOPCO INC dba UNILEVER HOME &
PERSONAL CARE USA outside British Columbia on the ground that the Court Jurisdiction and
Proceedings Transfer Act, SBC 2003, c 28, s 10 (CJPTA) applies because there is a real and
substantial connection between British Columbia and the facts on which this proceeding is
based. The Plaintiff and Class Members rely on the following grounds, in that this action
concerns:
» a tort committed in British Columbia (CJPTA, s 10(g));
a restitutionary obligations that, to a substantial extent, arose in British
Columbia [CJPTA, s 10(f)); and
• business carried on in British Columbia (CJPTA, s 10(h)).
[23]
APPENDIX
[The following information is provided for data collection purposes only and is of no legaleffect]
Part 1: CONCISE SUMMARY OF NATURE OF CLAIM:
This is a proposed class proceeding regarding undisclosed side effects of the TRESemme line ofconsumer products.
Part 2: THIS CLAIM ARISES FROM THE FOLLOWING:
[Check one box below for the case type that best describes this case.]
A personal injury arising out of:
D a motor vehicle accident
d medical malpractice
another cause
A dispute concerning:
D contaminated sites
D construction defects
D real property (real estate)
D personal property
D the provision of goods or services or other general commercial matters
D investment losses
D the lending of money
D an employment relationship
D a will or other issues concerning the probate of an estate
a matter not listed here
Part 3: THIS CLAIM INVOLVES:
[Check all boxes below that apply to this case.]
a class action
D maritime law
D aboriginal law
D constitutional law
D conflict of laws
D none of the above
D do not know
