Cold-FX makers convince B.C. judge to reject class-action application
The Canadian Press
Published Wednesday, November 16, 2016 4:41PM EST
VANCOUVER - A judge has rejected a Vancouver Island man's bid to launch a class-action lawsuit against the makers of the cold and flu remedy Cold-FX.
Don Harrison launched a claim in 2012 against Valeant Pharmaceuticals (TSX:VRX) and its subsidiary, Afexa Life Sciences, over advertising that said Cold-FX offered immediate relief of cold and flu symptoms if taken over a three-day period at the first sign of illness.
He wanted other people who purchased the product to be able to join the lawsuit.
But in today's decision, Justice Janice Dillon of the B.C. Supreme Court says Harrison failed to prove there is an identifiable group of people with the same complaint about the company's advertising who bought Cold-FX.
She also ruled that Harrison isn't the best plaintiff to represent the interests of others in the class-action because he hasn't established he has a complaint against the defendants.
The court only decided on the issue of certification of a class-action and Harrison's lawsuit against Valeant has yet to be tested in court.