Not a single sworn complaint against Cold-FX effectiveness, says Valeant

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VANCOUVER – The maker of Cold-FX is asking a British Columbia Supreme Court judge not to grant class-action certification in a legal challenge disputing the effectiveness of the popular cold and flu remedy.

Lawyer Alan D’Silva, who represents Valeant Pharmaceuticals (TSX: VRX), says the case doesn’t qualify as class action because in four years of litigation not a single person has come forward with a sworn statement saying they were misled by the drug’s advertising, not even the plaintiff himself.

Valeant is accused by the plaintiff of misleading customers about the natural-health product’s short-term ability to lessen cold and flu symptoms.

The plaintiff’s lawyer, John Green, points to an internal Valeant study that surfaced during court proceedings, which he says indicates the drug is no more effective at reducing symptoms than a placebo.

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