Class Action Lawsuit Alleges False Advertising for Popular Cold and Flu Remedy

The headquarters of Bausch Health Solutions, formerly known as Valeant Inc., is seen in Laval, Quebec, on Feb. 20, 2019. The Canadian Press/Ryan Remiorz

The distributors of the cold and flu medication Cold-FX are the target of a class action lawsuit for false advertising, Toronto legal firm Tyr LLP announced on Sept. 28.

The distributors of the medication, Bausch Health, Canada Inc., and its affiliate Valeant Canada LP, were named as defendants in the lawsuit certified by the Ontario Superior Court of Justice, according to the law firm’s press release.

The companies are accused of making “false, misleading, deceptive, or unconscionable advertising claims” about their products to consumers, according to the class action filing.

The disputed advertising claims include statements that the Cold-FX products are “proven by science” and “clinically proven.” The product also claims that the “clinically proven formula” helps reduce the duration, severity, and frequency of symptoms, and increases natural killer cells and T-helper cells to “boost the immune system.”

The primary basis for the claims in the lawsuit stems from the allegations that the defendants breached provincial consumer protection laws, the federal Competition Act, and the federal Food and Drugs Act.

The defendants deny that they have made any false, misleading, or deceptive claims in relation to COLD-FX Products and that they have breached any of the legislation referred to, Tyr LLP said in its news release.

“We stand behind Cold-FX products and intend to vigorously defend against these allegations. Importantly, there is no claim of safety concerns,” a spokesperson for Bausch + Lomb, the current distributor for the cold and flu remedy, told CTV News.

All Canadians who bought one or more Cold-FX® Products between Jan. 1, 2017, and Sept. 28, 2023, are considered members of the certified class.

The class action demands either a refund of the profits the defendants made from selling Cold-FX products between Jan. 1, 2017, and Sept. 28, 2023, or a full or partial refund of the amounts paid by Canadian customers.

The purpose of the class action is also to stop the defendants from continuing to make the allegedly false advertising claims in the future.

The products mentioned in the lawsuit are 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).

The Tyr LLP press release states that the claims will be resolved at a subsequent trial.