These are proposed class actions over the same conduct. None has been certified, and no claims can be filed.
Phenylephrine Cold Medicine Proposed Class Action
Reviewed by Marty Mikhail, Barrister & Solicitor with Quinn Thiele Mineault Grodzki LLPLast verified How we verify
What these lawsuits allege
The lawsuits allege that major consumer health companies, including Johnson & Johnson (now Kenvue), Procter & Gamble, GlaxoSmithKline (now Haleon), Pfizer, and RB Health, along with several large retailers, marketed and sold oral cold and sinus medicines containing phenylephrine as decongestants even though the ingredient does not work when taken by mouth. The claims say the companies knew or should have known this from scientific studies, and point to a September 2023 United States FDA advisory finding that oral phenylephrine is not effective as a nasal decongestant. Named products include versions of Tylenol, Benylin, DayQuil, NyQuil, NeoCitran, Contac, Sudafed PE, Robitussin, Triaminic, Mucinex, and Vicks medicines. These are allegations only, and nothing has been proved in court.
Who the proposed class would include
The lawsuits propose a class of people in Canada who bought oral cold, sinus, cough, or flu medicines containing phenylephrine that were marketed as decongestants, excluding purchases made for resale in some filings. The Quebec application covers people in Quebec who bought the listed medicines from February 1, 2007 until the case is authorized, while the British Columbia claim covers purchases across Canada outside Quebec from December 31, 1989 onward, and the Manitoba claim proposes a class of all purchasers in Canada with no defined class period. Whether anyone is included would be decided only if a court certifies or authorizes the case.
Do I need to do anything right now?
Generally, no. A claims process opens only once a class action is certified and a settlement is approved. Class members are usually included automatically unless they opt out at that stage.
Get notified if claims open
Leave your email and a short note goes out when something major happens in this case: the certification decision, a settlement, or the end of the proceeding, and a notice if a claims process ever opens. Nothing else.
What happens next
- Filed
- Certification
- Resolution
- Claims process
Before any compensation could become available, a court would have to certify the case (or authorize it, in Quebec) as a class action, a step that decides only whether the lawsuits may proceed on behalf of a group. None of the three filings, in Manitoba, British Columbia, and Quebec, has reached that step yet. Timelines are uncertain and class actions often take years to resolve. There is no claims process now, and there may never be one if the cases are not certified or resolved in favour of the class.
Case background
These proposed class actions are about over-the-counter cold, flu, and sinus medicines taken by mouth that contain the ingredient phenylephrine. The lawsuits allege that the companies behind well-known brands such as Tylenol, Benylin, DayQuil, NyQuil, NeoCitran, Contac, Sudafed PE, and Vicks marketed these products as nasal decongestants even though, according to the claims, phenylephrine does not relieve congestion when swallowed because it is largely broken down in the digestive system. The claims say scientific research going back years questioned the ingredient's effectiveness, and that in September 2023 a United States FDA advisory committee concluded that oral phenylephrine is not effective as a nasal decongestant at safe doses. The lawsuits allege the manufacturers, and in one filing several major retailers, knew or should have known this and kept selling the products anyway, and they seek refunds or damages for purchasers. The Quebec filing also alleges some defendants worked together to suppress unfavourable science. None of these allegations has been tested or proved in court.
The proceedings
The court filings behind this proposed class action.
British Columbia
Hardeep Dhaliwal v. Johnson & Johnson Inc., Procter & Gamble Inc., GlaxoSmithKline Consumer Healthcare ULC, RB Health (Canada) Inc., Shoppers Drug Mart Inc., Wal-Mart Canada Corp., Amazon.com.ca Inc., London Drugs Limited and Loblaw Companies Limited / Les Compagnies Loblaw Limitee
FiledSupreme Court of British Columbia · S-236558
Filed
Filed by Slater Vecchio LLP
Manitoba
Barb Eori v. Johnson & Johnson Inc., d.b.a. McNeil Consumer Healthcare, Procter & Gamble Inc., GlaxoSmithKline Consumer Healthcare ULC, Pfizer Canada ULC, d.b.a. Pfizer Consumer Healthcare
FiledThe King's Bench, Winnipeg Centre · CI23-01-43851
Filed
Filed by Sotos LLP, Cochrane Saxberg LLP
Quebec
Andrew Kraska v. Kenvue Canada Inc., formerly known as Johnson & Johnson Inc. et al
FiledSuperior Court · 500-06-001262-233
Filed
Filed by Slater Vecchio LLP
Who filed the lawsuits
- Sotos LLP
- Cochrane Saxberg LLP
- Slater Vecchio LLP
Common questions
Do I need to do anything right now?
No. The cases are at an early stage and there is no registration or claim form. If a court later certifies or authorizes a class action, class members would normally be included automatically and notified about their options.
Is there any money available to claim now?
No. These are proposed class actions with untested allegations, no court has certified them, and no settlement exists. Any compensation would depend on future court decisions or a settlement, neither of which is certain.
Which lawsuit covers me?
Filings exist in Manitoba, British Columbia, and Quebec. The Quebec application would cover people in Quebec who bought the listed medicines, while the Manitoba and British Columbia claims propose classes of purchasers across Canada, with the British Columbia claim excluding Quebec residents. The courts have not yet decided how the cases will proceed.
What has to happen before a claims process could open?
A court would first have to certify the case (or authorize it in Quebec) as a class action, and the case would then have to be won at trial or settled with court approval. Only then could a claims process be set up, and none of these steps are certain.
When might this case resolve?
It is impossible to say. Class actions of this kind often take several years to move through certification and any trial or settlement, and no hearing dates are reported yet.
Source documents
Stay informed about future claims.
New class action claims open across Canada throughout the year. Join the monthly digest and you'll get a short list of new claims once a month. Free, and no account needed: a working email address is all it takes. Your email is never shared and you can unsubscribe with one click.
These actions are proposed. Because none has been certified or authorized, none is yet officially a class action, and no claims can be filed. I'm following these proceedings and will add this case to the class action tracker if a claims process opens.