A recently certified class-action lawsuit has been brought forward against Bausch Health, Canada Inc., and its affiliate Valeant Canada LP, alleging false advertising concerning Cold-FX products. This legal action, overseen by the Toronto law firm, Tyr LLP, and sanctioned by an Ontario Superior Court justice, is seeking compensation for any individuals who have purchased these products in Canada.
Bausch Health and Valeant Canada LP, both of which distribute Cold-FX products across the country, have been accused of utilizing “false, misleading, deceptive, or unconscionable advertising claims to consumers,” according to the suit. A number of product claims have been challenged in this instance, including phrases like “proven by science,” “clinically proven,” “clinically proven ingredients,” and “clinically proven formula.” The products in question purportedly reduce the frequency, duration, and severity of cold and flu symptoms.
Tyr LLP contend that these claims form the crux of the allegations in this class-action suit. Allegedly, the defendants have contravened provincial consumer protection legislation, the federal Competition Act, and the federal Food and Drugs Act. Yet, the defendants have refuted any wrongdoing, maintaining that their advertising statements for Cold-FX products are in no way false, misleading, or deceptive. They also deny any breaches of the aforementioned legislation.
Boyd Erman, a spokesperson for Bausch + Lomb, which now handles the distribution of Cold-FX in Canada, convenes their position in an email to CTVNews.ca, stating, “We stand behind Cold-FX products and intend to vigorously defend against these allegations. Importantly, there is no claim of safety concerns.”
The class-action suit is open to participation from individuals that purchased one or more of the Cold-FX products between January 1, 2017, and September 28, 2023, in Canada. The specific products under scrutiny 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 aim of the litigation is to ensure full or partial reimbursement for consumers who purchased these products.