Class Action

Ineffective Cold Medicines - Canada

Slater Vecchio has filed a class action alleging that pharmaceutical companies misled Canadian consumers by stating that Phenylephrine, an ingredient commonly found in over-the-counter cold/flu and allergy medications,is an effective nasal decongestant when ingested orally in tablet form.

Slater Vecchio   /   Class Actions   /   

Ineffective Cold Medicines

What is this lawsuit about?

Slater Vecchio has filed a lawsuit concerning the ineffectiveness of phenylephrine as a decongestant in certain cold, flu and allergy medication when consumed in tablet form.

On September 12, 2023, an independent advisory committee to the United States’ Food and Drug Administration (the “FDA”) announced that its members unanimously agreed that phenylephrine, an ingredient commonly found in over-the-counter cold/flu and allergy medications, is ineffective as a nasal decongestant when taken in tablet form.

The FDA’s committee explained that phenylephrine, when consumed in tablet form, metabolizes rapidly in the gut once ingested, allowing only a fraction of the phenylephrine consumed to reach the consumer’s nose and provide the represented medicinal benefits.

Slater Vecchio has filed an Application for Authorization in Quebec and Notice of Civil Claim in British Columbia.

Who does this class action represent?

All persons in Canada who purchased a cough medicine listed below:

  • Benylin Extra Strength Cold & Sinus Day
  • Benylin Extra Strength Cold & Sinus Night
  • Coltalin Cold & Allergy Tablets
  • Cough & Cold Relief
  • Dayquil Cold & Flu
  • Dayquil Complete
  • Dayquil Complete + Vicks Vapocool
  • Dayquil Complete + Vicks Vapocool Cold & Flu Liquid
  • Dayquil Cough Dm + Congestion
  • Dayquil Sinus Liquicaps
  • Daytime Cold
  • Dilotab II
  • Extra Strength Total Symptom Relief Sugar-free
  • Extra Strength Tylenol Cold Daytime
  • Extra Strength Tylenol Cold Nighttime
  • Extra Strength Tylenol Flu Daytime
  • Extra Strength Tylenol Flu Nighttime
  • Extra Strength Tylenol Sinus Daytime
  • Extra Strength Tylenol Sinus Nighttime
  • Histenol II
  • Hot Lemon Relief for Symptoms of Cold and Flu Extra Strength
  • Hot Lemon Relief for Symptoms of Cold and Flu Regular Strength
  • Mucinex Multi-action Congestion, Cold & Cough
  • Mucinex Multi-action Congestion, Cold & Flu
  • Neocitran Cold & Sore Throat Night
  • Neocitran Extra Strength Cold & Congestion
  • Neocitran Extra Strength Cold & Sinus Night
  • Neocitran Extra Strength Cold & Sinus Night – Apple Cinnamon
  • Neocitran Extra Strength Total Cold
  • Neocitran Extra Strength Total Cold Night
  • Neocitran Total Cold Night
  • Nighttime Cold
  • Nighttime Complete
  • Nyquil Complete
  • Nyquil Complete + Vicks Vapocool
  • Nyquil Complete + Vicks Vapocool Cold & Flu Liquid
  • Nyquil Cough Dm + Congestion
  • Nyquil Kids
  • Nyquil Sinus Liquicaps
  • Robitussin Children’s Cold
  • Robitussin Children’s Cough & Cold Bedtime
  • Vicks Dayquil Cold & Flu Multi-symptom Relief Liquicaps
  • Vicks Dayquil Complete Cold & Flu Liquicaps
  • Vicks Dayquil Complete Cold & Flu Liquid
  • Vicks Dayquil Hot Remedy
  • Vicks Nyquil Complete Cold & Flu
  • Vicks Nyquil Complete Cold & Flu Liquicaps
  • Vicks Nyquil Hot Remedy

If you have purchased one or more products containing phenylephrine listed above, please reach out to us by filling in the form on this webpage.

What is a class action?

A class action is a legal case through which one person makes a claim to the Court on behalf of a similarly situated class of people who have the same or a similar legal claim. A class action seeks to hold a defendant or defendants responsible for their conduct that affects each member of the class by resolving issues that are common to the class in the same legal proceeding, instead of each class member bringing a claim individually.

The individual who first files the claim must ask the Court for permission to proceed as a class action. If permission is granted (referred as “authorized” in Quebec, and “certified” in all other Canadian provinces) and the case may proceed as a class action, the Court will appoint an individual as “Representative Plaintiff” to represent the best interests of the class during the litigation and will define the class group. Each person who meets the criteria of the class group is considered a “Class Member”.

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