Info class action
Toux ou rhume/Cough or cold
Class action filed against cough and cold drug manufacturers
On March 24, 2009, Option consommateurs filed a motion to obtain the authorization to institute a class action against eight manufacturers of cough and cold medications for children. The eight manufacturers are Johnson & Johnson, Novartis, Pfizer, Procter & Gamble, Ratiopharm, Wyeth, Trillium and Vita Health.
These companies’ cough and cold medications have been sold in Canada under, among other things, the names Advil, Balminil, Benylin, Biomedic (Famili-Prix), Buckley’s, Dimetapp, Equate (Walmart), Exact (Loblaws), Life (Pharmaprix), Option (Uniprix), Personnelle (Jean-Coutu), Robitussin, Sélection (Métro), Sudafed, Triaminic, Tylenol and Vicks.
Drug companies subject to this class action have represented that their products are efficient in the treatment of cold symptoms such as congestion, coughing, runny nose and sneezing suffered by children under the age of 6. However, studies have shown that the various medications containing an expectorant or certain antihistamines, antitussives or decongestants are not an efficient means to treat cough or cold symptoms affecting children under the age of 6. On December 18, 2008, Health Canada was requiring pharmaceutical companies to modify the labeling of over-the-counter cough and cold products to indicate that these medicines should not be administered to children under 6.
Option consommateurs is of the opinion that manufacturers made false or misleading representations which contravene to the Consumer Protection Act and the Competition Act. Option consommateurs’ position is that consumers have suffered damages as a result of the erroneous information provided by the drug companies in that they spent money unnecessarily.
The class action’s goal is to get a reimbursement for the members of the group and the award of one million dollars in punitive damages for each of the pharmaceutical companies being sued.
Notice to consumers interested by the class action
Option consommateurs recommends that consumers keep and save the packaging of cough and cold products they bought from one of the companies being sued. Any other proof of purchase should also be kept. Consumers are also invited to fill-out the questionnaire found on the website of Option consommateurs at: www.option-consommateurs.org.
Option consommateurs is represented by the law firm of Belleau Lapointe, LLP.
- Motion for Authorization of a Class Action (in French only)
Chronology
March 2009
Filing of the Motion for authorization to institute a class action.