The companies behind the over-the-counter product Cold-FX are facing a class-action lawsuit alleging misleading advertising claims about its effectiveness.
The Ontario Superior Court of Justice has certified the lawsuit filed by Toronto-based law firm Tyr LLP, according to a statement released on Friday.
The class-action lawsuit targets Bausch Health, Canada Inc., the distributor of Cold-FX in Canada, and its affiliate, Valeant Canada. The lawsuit alleges that the companies made false, misleading, deceptive, or unconscionable advertising claims about a range of Cold-FX products.
The products named in the lawsuit include Cold-FX (regular and extra strength), Cold-FX Daily Support (regular, chewable, and extra strength), Cold-FX First Signs, Cold-FX First Signs Nighttime, and Cold-FX Daily Defence (regular and extra strength).
“The allegations in this class action are based on statements such as ‘proven by science,’ ‘clinically proven,’ ‘clinically proven ingredients,’ and ‘clinically proven formula.’ The lawsuit claims that these statements misled consumers about the effectiveness of Cold-FX in reducing cold and flu symptoms and boosting the immune system by increasing natural killer cells and T-helper cells,” said Tyr in its statement.
“These claims are at the core of the allegations made in this class-action lawsuit, which accuses the defendants of violating provincial consumer protection legislation, the federal Competition Act, and the federal Food and Drugs Act,” added Tyr.
The lawsuit seeks full or partial reimbursement for all Canadians who purchased Cold-FX products between Jan. 1, 2017, and Sept. 28, 2023, as well as a cessation of the advertising claims in question.
Tyr stated that Bausch Health and Valeant Canada have denied making false or misleading statements or violating legislation.
A previous class-action lawsuit against Cold-FX was dismissed by a judge in 2016 due to a lack of a clear group with the same complaint. The new lawsuit aims to address this issue.
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