COLD-FX

A class proceeding has been certified on behalf of consumers who purchased the COLD-FX® brand of natural health products (“COLD-FX”).

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Case Details

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.

Updates

  • 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.
  • On October 30, 2023, the deadline for class members to exclude themselves from the action expired.
  • On March 22, 2024, Ross Nasseri LLP was retained as class counsel to prosecute this class action.

Downloads

Any files or documents related to the case will be posted here. Feel free to download and retain these documents for your personal records.

Statement of Claim

Reasons for Decision - Funding Approval Motion
Reasons for Decision - Certification
Certification Order
Statement of Defence
Long Form Notice of Certification
Short Form Notice of Certification
Press Release
Opt Out Form

Frequently Asked Questions

  1. What COLD-FX Products are included in the proposed class action?
    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
    COLD-FX First Signs Nighttime
  2. Who can participate in the proposed class action?
    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.
  3. Do I need to do anything to join the proposed class action?
    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.
  4. What should I do now?
    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.

Contacts

Eric Block of Ross Nasseri LLP

Eric S. Block

Partner

Jacqueline Cole

Jacqueline Cole

Partner

Eric Brousseau

Eric Brousseau

Partner

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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 proceeding.