A blunt-spoken Ladysmith senior is at the epicentre of a legal battle that could have a huge impact on not only a popular cold remedy, but on the countryB次元官网网址檚 entire natural health industry.
Don Harrison is the lead plaintiff in a lawsuit seeking class-action certification against the makers of Cold-Fx, which bills itself CanadaB次元官网网址檚 number-one selling cold remedy.
On April 4-8, B.C. Supreme Court Justice Janice Dillon will rule on whether or not HarrisonB次元官网网址檚 case can be expanded to include virtually anyone who used the product between 2004 and 2012.
B次元官网网址淲e still must show that there are common issues and that a class action is the preferable way of resolving all class membersB次元官网网址� claims, but based on the recent Supreme Court of Canada case law, we are confident that this hurdle can be met,B次元官网网址� HarrisonB次元官网网址檚 lawyer John Green said.
The particulars of the suit are many, but its thrust is straightforward: it alleges Afexa Life Sciences and Valeant Pharmaceuticals misled consumers into thinking Cold-Fx was capable of relieving flu and cold symptoms if taken for periods of less than two months. Essentially, it argues that the Cold-Fx packaging promised something it could not deliver.
B次元官网网址淎t trial, we may prove fraud by showing that the statements on the boxes we say are false, were also material to a personB次元官网网址檚 purchase,B次元官网网址� Green said.
B次元官网网址淕iven that the statements we say were fraudulent concerned efficacy, dosage, and dosage duration (all regulated by Health Canada), we are confident that the defendants have an uphill battle now.B次元官网网址�
The claims remain unproven. The defendants have thus far declined to discuss the case in the media. They did attempt to have it thrown out of court, but Supreme Court Justice John Truscott ruled Jan. 21 that it could proceed.
B次元官网网址淪ince the matter is before the courts, it would be inappropriate for us to comment at this time,B次元官网网址� spokesperson Caroline De Silva said on behalf of the defendants. B次元官网网址淲e believe the action is without merit and are defending it vigorously.B次元官网网址�
Green, who specializes in lawsuits regarding the pharmaceuticals industry asked Harrison to be the representative plaintiff after watching a CBC documentary on the product and reading a letter Harrison wrote to the Ladysmith Chronicle on the topic.
B次元官网网址淚 said B次元官网网址榠n a goddamn heartbeat,B次元官网网址� Harrison said. B次元官网网址淭heyB次元官网网址檝e got a hell of a case.B次元官网网址�
Filed in New Westminster in March of 2012, the suit alleges Harrison purchased Cold-Fx in February 2011 after reading marketing material that suggested the product would supply immediate relief for cold and flu symptoms, a suggestion the plaintiff maintains the defendants knew to be false.
The suit states that while the firmB次元官网网址檚 own research indicates the product may address cold and flu symptoms, that same research is based on participants who took the product for periods of two to six months.
B次元官网网址淎fexa and Valeant had (other) research as far back as 2004 which showed Cold-Fx was less effective than a placebo at treating cold or flu symptoms if taken during a short duration,B次元官网网址� Green said.
GreenB次元官网网址檚 trial plan is to prove the marketing statements are false, determine the number of boxes of the product sold with those statements, and then estimate the value paid by British Columbians.
B次元官网网址淥n top of this there would be interest, which began compounding about decade ago, and so that amount by itself is expected to be quite large,B次元官网网址� he said.
The National Post reported B次元官网网址渕ore than $117 million worth of the ginseng-based product was sold in Canada as recently as 2011.B次元官网网址�
Green said the point of the lawsuit is not to earn money for the plaintiffs. Instead, it aims to make anyone who may have misled the public accountable for their actions, while delivering a stern warning to any health remedy company making, or considering making, false claims.
The likelihood of any lawsuit proceeds ending up in the hands of Cold-Fx customers is slim, given the relatively small expense of their individual purchases and the difficulty reimbursing people. Rather the judge would more likely direct any reward to a charitable public service fund in a related area.
Harrison hopes a statement will be made.
B次元官网网址淭hose natural products, they can get away with murder almost,B次元官网网址漢e said. B次元官网网址淚 hope that the judge rules in our favour. That damned money doesnB次元官网网址檛 belong to them.B次元官网网址�
