Cough and cold medicines
On March 24, 2009, we filed a motion for authorization to institute a class action against seven manufacturers of cough and cold medicines: Johnson & Johnson, Novartis, Pfizer, Procter & Gamble, Ratiopharm, Wyeth, Trillium and Vita.
The drugs in question are sold over the counter in Canada under 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 Vick's.
They are orally administered, have a label or packaging indicating a child's dosage and contain at least one of the following active ingredients:
| Antihistamines |
|
| Cough suppressants |
|
| Expectorant |
|
| Decongestants |
|
The pharmaceutical companies being sued claim that their products are effective in treating cold symptoms such as congestion, coughing, runny nose and sneezing. However, studies show that drugs containing an expectorant or certain antihistamines, cough suppressants or decongestants are not effective in treating cough and cold symptoms in children under six.
As a reminder On December 18, 2008, Health Canada ordered pharmaceutical companies to modify the labelling of their products to specify that they should not be administered to children under the age of six. to specify that they should not be administered to children under 6 years of age (Find out more about cough and cold medicines for children)
We believe that the manufacturers have made false or misleading representations contrary to the Consumer Protection Act and the Competition Act. The association maintains that the misinformation has caused damage to consumers by leading them to make unnecessary expenditures.
The class action seeks reimbursement of class members and punitive damages of $1 million per pharmaceutical company sued.
Our members
In our motion, we ask the court to include in the group all persons who, in order to treat a child under 6 years of age, purchased in Quebec a drug covered by this action.
Where we are
We are waiting for the hearing to authorize this recourse.
Have you bought at least one cough and cold medicine for a child under 6?
We suggest you keep the packaging and any other proof of purchase.