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Children’s Cough Medicine

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Children’s Cough Medicine means cough medicine supplied, offered, manufactured, produced, advertised, marketed, sold or promoted by the Defendants for use by children under the age of six years old containing one or more of the following group of drugs:

  1. Antihistamines such as brompheniramine maleate, chlorpheniramine maleate, dexbrompheniramine maleate, clemastine hydrogen fumerate, diphenhydramine hydrochloride, diphenylpyraline hydrochloride, doxylamine succinate, pheniramine maleate, phenyltoloxamine citrate, promethazine hydrochloride, pyrilamine maleate, and triprolidine hydrochloride;
  2. Antitutissives such as dextromethorphan, dextromethorphan hydrobromide, and diphenhydramine hydrochloride;
  3. Expectorants such as guiafenesin; and/or
  4. Decongestants such as ephedrine hydrochloride/sulfate, phenylephrine hydrochloride/sulphate and pseudoephedrine hydrochloride/sulphate.

This class action lawsuit was brought against a number of manufacturers of Children’s Cough Medicine, alleging claims under the BC Business Practices and Consumer Protection Act, the Competition Act, waiver of tort, unjust enrichment and constructive trust in respect of the marketing of these products and seeking restitution and damages. Please note that this lawsuit does not involve claims for personal injury.

Settlement

Settlements have been reached with Trillium Health Care Products Inc. (“Trillium”), Vita Health Products Inc. (“Vita”) and Procter & Gamble Inc. (“P&G”). These settlements total $290,000.

Trillium sold Children’s Cough Medicine under the following product names: Exact, Biomedic, Option+, Reserve, Life, Personnelle, Selection, Equate, Pharmasave, Safeway, Our Best and Teddy’s Choice.

P&G sold Children’s Cough Medicine under the Vicks and Nyquil labels.

Vita sold Children’s Cough Medicine under various private label names. For a complete listing of those various private label names, see Cough Medicine – Vita Products Listing.

The settlement agreements can be found at the following links:

These settlements were approved by the British Columbia Supreme Court on November 12, 2013.  The orders from the court approving the settlement can be found at the following links:

We are continuing the lawsuit against the remaining defendants named in the action.  Funds paid by the settling defendants will be held in trust pending further applications to Court for approval of legal fees and disbursements and the plan of distribution to class members.

If you want more information, please contact Lise Carmichael at (604) 331-9524 or by email at lcarmichael@cfmlawyers.ca.

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