If you’ve ever used Cold-FX products when you’re sick, you could get money from a new class-action lawsuit over its advertising.
Toronto-based law firm Tyr LLP announced on Thursday that the Ontario Superior Court of Justice has certified a class action against Bausch Health, Canada Inc. and its affiliate Valeant Canada LP, the distributors of the cold and flu medicine.
The class action alleges that the companies have made “false, misleading, deceptive or unconscionable advertising claims” about the following products to consumers: Cold-FX (regular and extra strength), Daily Support (regular, chewable, and extra strength), First Signs, First Signs Nighttime, and Daily Defence (regular and extra strength).
Examples of the “misleading” ads are statements that the products are “proven by science,” contain “clinically proven ingredients,” or have a “clinically proven formula” to help reduce the frequency, duration and severity of cold and flu symptoms.
Another “deceptive” claim the ads make is that Cold-FX medicine increases the proportion of natural killer cells and T-helper cells to boost the immune system.
The lawsuit says these claims have breached provincial consumer protection legislation, the federal Competition Act, and the federal Food and Drugs Act.
“[Bausch Health, Canada and Valeant Canada LP] deny that they have made any false, misleading or deceptive statements in relation to Cold-FX Products and deny that they have breached any of the legislation referred to,” reads the lawsuit.
So, what does this mean for Canadians who’ve used the cold and flu drug?
According to the class action, it seeks reimbursement (in full or in part) of the money paid by Canadians who have purchased Cold-FX products or a return of the profits the distributors gained selling the products.
You’ll be eligible for possible reimbursement if you live in Canada and purchased one or more products between January 1, 2017 and September 28, 2023.
There are no specifics yet as to how much Canadians could get if there is a settlement.
No decision has been made by the courts, and the distributors are defending the class action.
The allegations will be determined at a future trial, reads the suit.