UCB Pharma / Haleon: Distilbène Risk Revived by Supreme Court Ruling
A Joint Chamber Decision on Anxiety Damage
On May 29, 2026, the French Court of Cassation issued a mixed chamber ruling that could significantly impact the French legal disputes surrounding Distilbène. The case involves a woman exposed in utero to DES, known in France as Distilbène, due to her mother's use of the drug during pregnancy. Her husband and her parents also joined the case for their own respective damages. The victim notably sought compensation for anxiety damages, referring to the distress of potentially developing a serious condition related to this exposure. The Versailles Court of Appeal had deemed this claim time-barred. The Court of Cassation rejected this reasoning and referred the case to the Paris Court of Appeal.
Anxiety Damage Linked to Bodily Injury
The main contribution of the ruling concerns the legal qualification of anxiety damage. The Court of Cassation holds that the damage arising from the fear of developing a serious illness after exposure to a toxic or harmful substance is damage resulting from bodily harm. Therefore, it falls under the ten-year statute of limitations provided for by Article 2226 of the Civil Code. The ruling also specifies that when only anxiety damage is experienced, the limitation period starts from the day the victim becomes aware of their exposure, the party responsible for this exposure, and the high risks of developing a serious condition, but cannot precede the end of the exposure.
UCB Pharma targeted, Haleon involved
The company involved in the proceedings is UCB Pharma, a public limited company. Haleon France, formerly GlaxoSmithKline Consumer Healthcare, is involved in the case because it succeeded Novartis Family Health, the producer of DES marketed under the name Stilboestrol Borne. It was brought into the case by UCB Pharma through compulsory intervention. This clarification helps to understand why two producers may be involved in the dispute.
An Identified Distilbène Risk in Accounts
The Distilbène litigation is not new to the market. In its 2025 financial statements, UCB notes that group entities are defendants in several product liability cases in France concerning Distilbène, described as a former product of the group. The associated provision increased from 98 million euros in 2024 to 111 million euros in 2025.
This content has been automatically translated using artificial intelligence. While we strive for accuracy, some nuances may differ from the original French version.
