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Class Actions

A proposed class proceeding has been filed on behalf of consumers who purchased the COLD-FX® brand of natural health products ("COLD-FX").

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COLD-FX

The proposed class action has been brought on behalf of all individuals in Canada who purchased one or more COLD-FX Product while certain alleged misrepresentations were being made to consumers (believed to be since at least January 1, 2017).

The COLD-FX Products include COLD-FX (regular and extra strength), COLD-FX Daily Defence (regular and extra strength), COLD-FX Daily Support (regular, chewable, and extra strength), COLD-FX First Signs, and COLD-FX First Signs Nighttime.

The action alleges that the Defendants made false and misleading statements about the efficacy of the COLD-FX Products contrary to provincial consumer protection legislation and the federal Competition Act. For example, the action alleges that the Defendants state to consumers that the COLD-FX Products are “proven by science” to prevent colds and flus and deliver certain other health benefits when the available scientific evidence does not support such a claim.

On November 10, 2021, the Ontario Superior Court of Justice certified this proceeding as a class action. The defendants have filed a motion seeking leave to appeal the certification decision, which is scheduled to be considered the week of March 21, 2022, or soon thereafter. Further updates will be provided once this motion is determined.


Downloads


Download Statement of Claim


Download Reasons for Decision - Funding Approval Motion


Download Reasons for Decision - Certification


Download Certification Order



Frequently Asked Questions

A class action is a lawsuit which provides a mechanism for a large group of people with common claims/issues to join together to advance one large claim.

Class actions provide access to justice where the case would be too expensive or too complex for one person to sue on his or her own.

  1. COLD-FX (Regular and Extra Strength)
  2. COLD-FX Daily Defence (Regular and Extra Strength)
  3. COLD-FX Daily Support (Regular, Chewable, and Extra Strength)
  4. COLD-FX First Signs
  5. COLD-FX First Signs Nighttime

All individuals in Canada who purchased one or more COLD-FX Product while certain alleged misrepresentations were being made to consumers (believed to be since at least January 1, 2017).

The COLD-FX Products include COLD-FX (regular and extra strength), COLD-FX Daily Defence (regular and extra strength), COLD-FX Daily Support (regular, chewable, and extra strength), COLD-FX First Signs, and COLD-FX First Signs Nighttime.

No. The action has not yet been certified by the court. If it is certified, a person who fits within the court's definition of the class is automatically included in the class action unless he or she follows the court’s instructions on how to be excluded.

No. Any fees paid for representing the class are determined by the court and no individual class member is responsible for paying counsel.

  • Keep any documents that relate to your purchase of a COLD-FX Product, particularly for purchases made since January 1, 2017.
  • Complete the contact form below with any pertinent information to receive case updates.

If you have any other questions, please complete the contact form below with your question and we will get back to you as soon as possible.


If you have purchased a COLD-FX Product and are interested in participating in the proposed class action or learning more about the proposed class action, please submit the information below.
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DISCLAIMER

Do not rely upon information on this website as legal or professional advice. Information on this website should not be treated as a substitute for legal advice relevant to particular circumstances.

This website will be regularly updated to provide class members additional information regarding the proposed proceeding.