Important Court Ruling Sides with Canadian Company and Points Finger at Health Canada
TORONTO, April 27, 2016 /CNW/ - The Winning Combination (TWC) of Winnipeg, manufacturers and marketers of natural health products and nutrition supplements, is vindicated by an important court ruling released this month concerning the 2007 recall and license denial of its smoking cessation lozenge RESOLVE. The ruling, one that firmly points the finger at Health Canada officials for displaying a closed mind, straying from its established processes, demonstrating bias and pre-judgement, all of which plagued (and improperly ended) TWC's license application process which began in October 2004 after, according to court documents, Pfizer (a competitor to TWC) submitted allegations to Health Canada about RESOLVE. This judgement cites that this complaint by Pfizer triggered an assessment of RESOLVE by Health Canada – an assessment that put in motion a series of practices by Health Canada that the Court concluded were procedurally unfair and improper in many respects.
Justice Russell awarded TWC its legal costs associated with the Judicial Review Application on a full indemnity basis which are estimated to be in the vicinity of $ 1 Million and, in an additional case, the company is seeking SUBSTANTIAL damages.
The ruling confirms TWC's long-standing claims that RESOLVE is a safe natural health product, and that there was NO valid reason for Health Canada to issue a recall and post a Public Advisory for the product and deny a license in 2007.
The ruling will grant TWC its long-awaited license for RESOLVE, enabling Canadian consumers to once again have access to a product that was very well received when it was launched in 2007 and gives them a valuable tool that can help them quit smoking.
SOURCE The Winning Combination
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Laura Cochrane, LexPR Canada, 416-702-9140
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