OTTAWA - An ethics complaint against the maker of a cold remedy that uses hockey icon Don Cherry as a pitchman is being reviewed by the federal government to see if a formal investigation is needed.

NDP MP Pat Martin alleges that CV Technologies Inc., which makes Cold-fX, failed to register as a federal lobbyist last fall before its chief executive officer and Cherry met with Conservative MPs - including Prime Minister Stephen Harper.

That would be a violation of federal lobbying legislation.

"We review all allegations of non-compliance with the act and the code that are brought to our attention," Stephanie Leblanc, a spokeswoman with the Office of the Registrar of Lobbyists, said Tuesday.

In its formal letter of reply to Martin, a registrar official wrote that the office "is looking into whether the activities of employees of Cold-fX and Mr. Don Cherry are registrable under the Lobbyists Registration Act."

Martin filed the complaint last week after CV Technologies announced that Health Canada had approved the company's statement that Cold-fX "helps reduce the frequency, severity and duration of cold and flu symptoms by boosting the immune system."

On the day of the announcement, shares in the Edmonton company surged ahead $1.08 - almost 60 per cent - to close at $2.90 in heavy trading of 4.6 million shares on the Toronto Stock Exchange.

Cherry and Jacqueline Shan, CEO of CV Technologies, met with a group of Tory MPs last November in Ottawa and later met with Harper.

Martin said Shan and Cherry were invited to the meeting by Edmonton Tory MP James Rajotte, chairman of the Commons industry committee.

Martin also said there are clear regulations governing lobbying on Parliament Hill, including tougher standards brought in by the Conservatives.

"These are all fairly stringent rules passed under the new federal Accountability Act, which was designed to tie a bell around lobbyists' necks," Martin said.

"I am concerned that Don Cherry used his celebrity status to gain privileged access to key decision-makers. And that is the whole purpose of the Lobbyists Registration Act - to curb that inside who-you-know, good-old-boys influence that has run things around here for too long."

Cherry is a flamboyant NHL commentator who appears regularly on Hockey Night in Canada.

The registrar could decide to close the file due to lack of information or order a more formal investigation that would lead to a report that would be filed to Parliament.

The registrar could also refer the complaint to the RCMP for further investigation.

A conviction for a contravention of the act relating to registration requirements carries a fine of up to $100,000, or a jail term of up to two years.

Neither Rajotte nor CV Technologies officials was available for comment.