cold and flu medicine class action lawsuit

Canadians could cash in on class-action lawsuit against popular cold and flu medicine

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.

Lead photo by

Shutterstock/ValeStock


Latest Videos



Latest Videos


Join the conversation Load comments

Latest in City

The TTC just made a huge change to clamp down on fare cheats riding for free

University of Toronto places fourth above Oxford and MIT in new world ranking

Yet another Toronto highway is about to slow to a crawl for major construction project

The minimum wage in Ontario is going up next month

People keep destroying automated speed cameras in Ontario

Toronto is getting a whole new neighbourhood and here's what it will look like

Ontario got its first taste of snow this weekend but summer is not over yet

Spider species responsible for most Ontario bites is most active this time of year