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ARTICLE · 17 MARCH 2014

British Columbia Court Of Appeal Decertifies Pharmaceutical Class Action

Stikeman Elliott LLP
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In "Wakelam v. Wyeth Consumer Healthcare / Wyeth Soins de Sante Inc.", the British Columbia Court of Appeal overruled a decision certifying a class action involving the sale of cough and cold medicines for use by children.

CanadaLitigation, Mediation & Arbitration
Stikeman Elliott LLP
Stikeman Elliott LLP
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In Wakelam v. Wyeth Consumer Healthcare / Wyeth Soins de Sante Inc., 2014 BCCA 36, the British Columbia Court of Appeal overruled a decision certifying a class action involving the sale of cough and cold medicines for use by children.

Background

On December 18, 2008, Health Canada reversed a policy permitting the sale of certain non-prescription cough and cold medicines for use by children. While manufacturers had already withdrawn the products from the market for use in children under age two, Health Canada required relabeling to instruct against use in children under age six.

The plaintiff commenced this action on behalf of "all persons resident in British Columbia who purchased Children's Cough Medicine for use by children under the age of six, that was supplied, offered for sale, advertised or promoted by the Defendants between December 24, 1997, to present." She alleged that, in marketing the medicines for use by children under age six, the defendants

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