Slater Vecchio LLP filed a class-action lawsuit on September 22, 2023 in British Columbia against manufacturers and retail sellers of over-the-counter oral medications containing phenylephrine. Slater Vecchio LLP previously filed a class action in Quebec on September 14, 2023 against manufacturers of these medicines.
These actions were filed following a unanimous decision by an independent advisory committee to the United States’ Food and Drug Administration confirming that phenylephrine is ineffective when consumed orally.
Phenylephrine is a nasal decongestant that reduces inflammation in the nasal cavity and is therefore a common ingredient in medications sold to treat cold, flu and allergy symptoms. While phenylephrine is effective at reducing nasal congestion when applied directly to the nasal cavity, phenylephrine consumed orally metabolizes too quickly in the stomach to deliver therapeutic benefits by the time it reaches the nasal cavity.
“The Food and Drug Administration recently concluded that ‘orally administered PE [phenylephrine] is not effective as a nasal decongestant at the monographed dosage (10 mg of PE hydrochloride every 4 hours) as well as at doses up to 40 mg (dosed every 4 hours)’,” Anthony Vecchio, K.C., partner at Slater Vecchio LLP, stated. “Canadian consumers rely on pharmaceutical companies and retailers to manufacturer and deliver products that produce the therapeutic benefits represented by these companies. These defendants need to be held accountable, particularly when they represent that their medications treat health conditions. Through class actions that we have filed in British Columbia and Quebec, our firm seeks to recover monies paid by all Canadians who have purchased the defendants’ oral cold medicines”.
Phenylephrine is a common ingredient in household medications such as Benylin, DayQuil, Tylenol, NeoCitran, Robitussin and Mucinex. The lawsuit alleges that manufacturers Johnson & Johnson, Procter & Gamble, GlaxoSmithKline and Reckitt Benckiser and retailers Shoppers Drug Mart, Walmart, Amazon, London Drugs and Loblaws have made false and misleading representations regarding the efficacy of their medications, which these defendants have represented as being effective at relieving nasal congestion.
The lawsuit seeks to recover monies spent on the purchase of these products, including potential moral and punitive damages, subject to adjustment by the Court.