Our Lawyers Defend Your Rights

Class Action

Description
On March 24, 2009, we filed a motion to authorize a class action suit against seven manufacturers of cough and cold medicines: Johnson & Johnson, Novartis, Pfizer, Procter & Gamble, Ratiopharm, Wyeth, Trillium and Vita.

The products targeted by the class action suit 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.
These medicines are taken orally, have a label or packaging stating the dosage for children, and contain at least one of the following active ingredients:

Antihistamines
- Brompheniramine Maleate
- Chlorpheniramine Maleate
- Doxylamine Succinate

Antitussives
- Dextromethorphan
- Dextromethorphan Hydrobromide

Expectorants
- Guiaphenesin

Decongestants
- Phenylephrine Hydrochloride
- Pseudophedrine Hydrochloride


The pharmaceutical companies being sued claim that their products are effective in the treatment of cold symptoms such as congestion, coughing, runny noses, and sneezing. However, studies show that drugs containing an expectorant or certain antihistamines, cough suppressants or decongestants are ineffective in treating cough and cold symptoms in children younger than six.

It will be recalled that on December 18, 2008, Health Canada ordered pharmaceutical companies to modify the labeling of their products 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 consider that these manufacturers made false or misleading representations in contravention of the Consumer Protection Act and the Competition Act. Our association maintains that such erroneous information has caused harm to consumers, leading them to make needless expenditures.

The class action is seeking to obtain refunds for the members of the class and punitive damages of $1 million dollars from each of the pharmaceutical companies being sued.

The members
In our motion, we are asking the court to include in the group everyone who, in order to care for a child under 6 years of age, bought a medicine covered by this suit, in Quebec.

Progress to date
We are awaiting a hearing to authorize the class action.

Have you bought at least one cough and cold medicine to give to a child under the age of 6?

We suggest that you retain the packaging of this product, along with any other proof of purchase.

In addition, we invite you to answer this questionnaire.

Read the press release of March 24, 2009 (in French only)