This class action is brought on behalf of all individuals in Canada who purchased one or more COLD-FX Products while certain alleged misrepresentations were being made to consumers and has been certified by the Ontario Superior Court of Justice.
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.
The Class has been defined by the Court as: All persons in Canada who purchased one or more COLD-FX Products between January 1, 2017 and the date the notice of certification is published.
If you have purchased a COLD-FX Product and are interested in participating in the class action or learning more about the class action, please email your information.
On November 10, 2021, the Ontario Superior Court of Justice certified this proceeding as a class action. The defendants filed a motion seeking leave to appeal the certification decision, which was dismissed on March 25, 2022.
If you decide you do not want to participate in this lawsuit, you must exclude yourself from the action, or “opt out”. If you exclude yourself, you will not receive any money or benefit from the Class Action. You will not be bound by the terms of any judgment or settlement in the Class Action, and you keep your right, if any, to sue the defendants regarding the issues in this case. If you opt out, you cannot change your mind later and opt back into the Class Action.
To be excluded, you must complete the steps set out in the Opt Out Form available at the Downloads link below. Note that completed Opt Out Forms must be post marked before 5PM EST on October 30, 2023.
Any files or documents related to the case will be posted here. Feel free to download and retain these documents for your personal records.
Download Statement of Claim
Download Reasons for Decision - Funding Approval Motion
Download Reasons for Decision - Certification
Download Certification Order
Download Statement of Defence
Download Long Form Notice of Certification
Download Short Form Notice of Certification
Download Press Release
Download Opt Out Form
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. Any 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.
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 with any pertinent information to receive case updates.
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 proceeding.