Cold-FX Faces Class-Action Lawsuit for Deceptive Advertising Claims in Canada

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A recently approved class-action lawsuit claims deceptive advertising by Cold-FX products in Canada, seeking recompense for those who procured the products.

The complaint, lodged by the reputable Toronto-based Tyr LLP against Bausch Health, Canada Inc. and its associate Valeant Canada LP, received certification from an Ontario Superior Court justice on a preceding Thursday.

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Bausch Health and Valeant Canada, the firms implicated as defendants, are the purveyors of Cold-FX products across Canada, an announcement released by Tyr LLP confers following the lawsuit’s certification.

The complaint contends that these companies disseminated “false, dishonest, misleading, or unconscionable advertising representations”, manipulatively swaying consumers across Canada.

The lawsuit throws a spotlight on product claims such as “proven by science”, “clinically proven”, that the ingredients are “clinically authenticated”, or that the remedies possess a “clinically tested formula” designed to diminish the frequency, severity and duration of cold and flu symptoms.

The allegations largely revolve around the argument that the defendants are in violation of provincial consumer protection laws, the federal Food and Drugs Act, and the federal Competition Act, according to the statement by Tyr LLP.

Nevertheless, these defendants refute the allegations, maintaining they have neither committed deceptive practices related to Cold-FX Products nor breached any legislative tenets, a statement from the firm reports.

In a display of camaraderie, Boyd Erman, representative for Bausch + Lomb, the company currently distributing Cold-FX in Canada, declares, “We stand behind Cold-FX products and are committed to robustly defending against these allegations. It is crucial to note that there are no safety concerns raised.”

The class-action lawsuit aims to recuperate either in part or in full, the amounts expended by consumers on the products.

The population included in the class action must have bought one or more of the following Cold-FX products between 1st January 2017, and 28th September 2023, within Canada.

The products implicated 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 collective lawsuit seeks to reimburse, having as their objective, the full or partial repayment of amounts incurred by consumers for the products.