Class suit against Cold-FX tossed out

THEY WERE PULLING THE WOOL OVER OUR EYES.

A judge has tossed out a unique class-action lawsuit that alleged the makers of one of Canada’s most-popular natural-health product misled customers about the remedy’s cold-fighting benefits.

Justice Janice Dillon of the Supreme Court of British Columbia refused to “certify” the suit, ruling Wednesday there was no evidence a group of people had a common grievance against the manufacturer of Cold-FX, as class-action law requires.

The suit charged that until recent years the firm claimed Cold-FX could bring “immediate relief” to cold and flu symptoms after they developed, despite a lack of evidence.

In fact, a company-funded study disclosed as part of the case found that it did no better than a placebo for that purpose.

Some scientific evidence suggests that Cold-FX helps slightly reduce the number or severity of viruses in users who take the product daily for two to six months.

The B.C. case was unusual among health-product class actions, charging not that the ginseng-based pills caused physical harm, but that their benefits were misrepresented.

Dillon did not comment on whether the Cold-FX marketers had misled consumers, but said there was no evidence of a class of people who felt aggrieved — beyond Don Harrison, the “representative” plaintiff.

“Neither Harrison nor anybody else who has been identified has said why they purchased the product, whether they had read or were aware of the representations, or whether they thought that the product worked for the stated purpose or not,” she said.

However, the retiree told the National Post last year that he bought and took the pills to treat a virus based on those claims, and that “nothing happened.”

“I don’t think there’s any doubt whatsoever that they were pulling the wool over our eyes,” Harrison said then.

John Green, the lawyer spearheading the case, said an appeal is planned.

“We look forward to fighting this case at trial and have many options for how it might get there still,” he said.

Cold-FX was developed by Alberta-based Afexa Life Sciences, which was bought by Quebec’s Valeant Pharmaceuticals Inc. in 2011.

“COLD-FX has been thoroughly evaluated, researched and clinically assessed and has been proven to help reduce the frequency, severity and duration of cold and flu symptoms by boosting the immune system,” Valeant said in a statement Wednesday.