Vancouver Sun

Cold-fX maker fights suit in B.C.

Consumers misled, says lawyer for Vancouver Island resident

- GEORDON OMAND

The makers of Cold-fX are in court fighting allegation­s they ignored their own research and misled consumers about the short-term effectiven­ess of the popular cold and flu remedy.

Valeant Pharmaceut­icals was in British Columbia Supreme Court on Monday, opposing an applicatio­n to grant the lawsuit class-action status.

Vancouver Island resident Don Harrison launched a claim in 2012 against Valeant and its subsidiary, Afexa Life Sciences, over advertisin­g saying that Cold-fX offered “immediate relief of cold and flu symptoms” if taken over a threeday period at the first sign of illness.

Harrison’s notice of claim said Valeant and Afexa continued to “knowingly or recklessly” promote Cold-fX despite evidence the natural health product had a possible positive impact only after being taken daily for prolonged periods of two to six months.

“The gist of the case is that people paid money for a worthless product ... and the money they spent should be returned,” said Harrison’s lawyer, John Green, in an interview.

Valeant also unnecessar­ily exposed its customers to a health threat by distributi­ng a useless drug with a risk of adverse sideeffect­s, he said.

The Laval, Que.-based company denied the accusation­s in a statement and said it will fight the applicatio­n for class-action certificat­ion.

“Valeant believes the suit is without merit and is vigorously defending this matter,” said the document.

None of the allegation­s have been tested in court.

Afexa is the original manufactur­er and licence holder of Cold-fX and was bought by Valeant in 2011.

Valeant has been marred by a succession of controvers­ies in recent months that have sapped its stock value and hammered its reputation, leading the CEO of the embattled Quebec drugmaker to step down last month.

The series of setbacks includes gouging customers by hiking drug prices and filing mis-stated earnings, the latter of which it blames on its former chief financial officer.

Green also alleged Valeant and Afexa kept quiet about an internal study conducted in the early 2000s that contradict­ed the health claims around Cold-FX.

“The defendants knew at least as early as 2004, when they had a study done themselves, that ColdfX might be even less effective than a placebo,” he said. “The study actually showed the placebo to be more effective at relieving (some) cold symptoms than Cold-fX.”

The study found the product effectivel­y reduced the severity of a runny nose during the early days of a respirator­y infection, but that it had limited efficacy in treating other symptoms, particular­ly a cough and stuffy nose.

If the case receives class-action approval, anyone who bought Cold-fX for the short-term relief of cold and flu symptoms will be able to apply to a fund that will be created to get their money back, said Green.

He estimated the total to be refunded would amount to about $500 million. That calculatio­n uses $50 million per year in estimated revenues for Valeant from Cold-fX, then assumes a 100 per cent markup, over a five-year time period.

Because of difference­s in provincial law, a court victory in B.C. wouldn’t allow people outside the province who bought Cold-fX to make a claim, said Green.

For that reason, an identical lawsuit has been launched in Saskatchew­an, where a positive ruling would apply to everyone across the country.

A successful judgment from a B.C. representa­tive plaintiff could be taken to Saskatchew­an to bolster the case in that province, he said.

Valeant is expected to begin its defence on Tuesday or Wednesday.

Valeant believes the suit is without merit and is vigorously defending this matter.

 ?? PAUL CHIASSON/
THE CANADIAN PRESS ?? The makers of Cold-fX are opposing a class-action suit that says it ignored its own research about the effectiven­ess of the cold and flu remedy.
PAUL CHIASSON/ THE CANADIAN PRESS The makers of Cold-fX are opposing a class-action suit that says it ignored its own research about the effectiven­ess of the cold and flu remedy.

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