Bausch Health Companies Facing Class Action for Misleading Consumers

Bausch Health Companies Inc. is facing a proposed class action lawsuit in an Ontario court over claims that it falsely advertised a line of its natural health products.

According to lead plaintiff, Robert Drynan, Bausch’s COLD-FX products are mislabeled. Robert claims that he and other consumers falsely believed the advertising that COLD-FX products were “Proven by Science” to prevent and cure illnesses, like the cold and flu.

“These representations are false,” states the Bausch Health Companies class action lawsuit. “The Defendants have disseminated and continue to disseminate these and other misrepresentations through several marketing channels, including the COLD-FX website, product packaging, point-of-sale displays, social media, elevator advertising and in television advertising, despite knowing that these representations are false and misleading.”

Robert, a Toronto resident, says that he purchased Bausch Health Companies’ COLD-FX Daily Support for $29.99 in March of 2019. He seeks to represent a proposed Class of Canadian consumers who purchased COLD-FX brand products labeled as “Proven by Science.”

The Bausch Health Companies class action lawsuit names Bausch Health Companies Inc., along with Bausch Health Canada Inc., Valeant Canada GP Limited, Valeant Canada Limited, and Valeant Canada LP as defendants. The lead plaintiff contends that the defendants know that COLD-FX products are not “Proven by Science,” as the product packaging claims.

Specifically, “the COLD-FX family of products is not effective at preventing or curing colds or flu and is not scientifically proven to prevent or effectively relieve the symptoms of cold and flu,” asserts the Bausch Health Companies class action lawsuit.

The central ingredient in the product is an extract of North American ginseng, explains the complaint. Bausch Health Companies and the other defendants allegedly market COLD-FX products as a prophylactic that “prevents and/or protects against the onset of the common cold and flu and helps cure colds and flu.” However, current scientific knowledge does not support these claims, says the plaintiff.

“Although ginseng has long been promoted as a natural health product to address a wide-range of issues, from erectile dysfunction to immune system deficiency, its efficacy has never been proven by rigorous scientific tests, it is not a “drug” under Canada’s Food and Drugs Act…and it cannot be sold for the treatment or prevention of a disease or abnormal physical state,” contends the Bausch Health Companies class action lawsuit.

According to the complaint, the following COLD-FX products are mislabeled:

• COLD-FX (regular and extra strength)
• COLD-FX Daily Defence (regular and extra strength)
• COLD-FX Daily Support (regular, chewable, and extra strength}
• COLD-FX First Signs
• COLD-FX First Signs Nighttime

The plaintiff says that since at least 2017, Bausch Health Companies has marketed COLD-FX products as “Proven by Science” to Canadian consumers, but they have done so without the appropriate scientific research to back those claims up.

“The Defendants have not conducted any clinical or other studies on the COLD-FX First Signs products to support this claim,” alleges the Bausch Health Companies class action lawsuit. “Moreover, the Defendants know that the results of the limited clinical studies that they have commissioned and conducted on the effective ingredient in COLD FX, namely, an extract of North American ginseng described by the Defendants as CVT-E002TM, are speculative, uncertain, contradictory, highly qualified, and inconclusive.”

According to the complaint, these claims are not only false and misleading, but also unconscionable. The plaintiff accused Bausch Health Companies and the other defendants of disregarding the health of consumers.

“By deceiving consumers into believing that COLD-FX Products are effective at preventing and curing colds and flu they dissuade consumers of COLD-FX from taking measures that are effective in preventing colds and flu,” argues the Bausch Health Companies class action lawsuit. “The flu is a serious health issue in Canada; over 12,000 people in Canada are hospitalized and over 3,000 people die each year because of the flu.”

As a result of Bausch Health Companies’ allegedly false and misleading claims about COLD-FX products, the plaintiff says that consumers may not take proven flu prevention measures, such as a yearly flu vaccine. Calling the defendants actions “egregious and unconscionable,” the class action lawsuit demands sanctions against the companies, along with a court order requiring the disgorgement of profits, and a substantial award of punitive damages.

“Mr. Drynan brings this is Action on his own behalf and on behalf of all persons in Canada who purchased one or more COLD-FX Products between the date when the Representations were first made to consumers (believed to be at least January 1, 2017) and the date this proceeding is certified,” says the complaint. The Bausch Health Companies class action lawsuit has not yet been certified.

Have you been misled by COLD-FX advertising claims? Tell us what happened in the comment section below!

The lead plaintiff and proposed class are represented by Sean Campbell, James Bunting, and Carlos Sayao of TYR LLP.

The Bausch Health Companies Class Action Lawsuit is Robert Drynan v. Bausch Health Companies Inc., et al., Case No. cv-19-00632601-00CP, in the Ontario Superior Court of Justice, Canada.

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