Class-action lawsuit seeks compensation for Canadian consumers who bought Cold-FX products

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A recently certified class-action lawsuit alleges false advertising on Cold-FX products in Canada, and seeks to compensate anyone who bought the products.

The suit, filed by Toronto law firm Tyr LLP against Bausch Health, Canada Inc. and its affiliate Valeant Canada LP, was certified by an Ontario Superior Court justice Thursday.

The two companies named as defendants distribute Cold-FX products in Canada, the law firm said in a news release following the certification.

The suit alleges the two companies made "false, misleading, deceptive, or unconscionable advertising claims to consumers" in Canada.

The product claims highlighted in the suit include "proven by science," and "clinically proven," as well as that they contain "clinically proven ingredients," or have a "clinically proven formula" to help reduce frequency, duration and severity of cold and flu symptoms.

"These claims largely form the basis of the allegations in this class action that the Defendants have breached provincial consumer protection legislation, the federal Competition Act, and the federal Food and Drugs Act," Tyr LLP said.

"The Defendants 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," the firm 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," Boyd Erman, a spokesperson from Bausch + Lomb which now distributes Cold-FX in Canada, told CTVNews.ca in an email.

Those eligible to be included in the class action must have purchased one or more of the following Cold-FX products between Jan. 1, 2017, and Sept. 28, 2023, in Canada.

The products involved are: 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 class action seeks to reimburse — in full or in part — the amounts paid by consumers for the products.