Health Canada certifies that the store-brand ibuprofen sold on the same shelf is therapeutically equivalent. We believe consumers deserve to know that — and may be entitled to compensation.
Find Out If You QualifyZahara·Hotz Law is preparing a consumer class action on behalf of British Columbia residents who purchased brand-name ibuprofen 200mg tablets at Shoppers Drug Mart.
Health Canada's Drug Product Database assigns a therapeutic equivalence certification — called an Active Ingredient Group number — to drug products that contain the same active ingredient at the same strength. Our investigation has confirmed that the brand-name and store-brand ibuprofen 200mg products sold side by side at Shoppers Drug Mart share that certification.
Despite this, the brand-name product has been priced materially higher throughout the years — with no disclosure to consumers at the shelf that the two products are certified equivalent. We believe this pricing system, combined with advertising that positioned the brand-name product as delivering superior strength and relief, created a false general impression that consumers had a right to know about.
This proposed class action is being brought under British Columbia's Business Practices and Consumer Protection Act and the Competition Act (Canada).
Complete the confidential intake form below or email us directly. We will respond within two business days. All communications are confidential.
We will ask you a few questions about your purchase — when, where, and what product you bought. If you have a PC Optimum account, your purchase history may help document your claim, but it is not required.
If the proposed class action is certified by the court, all class members become entitled to share in any recovery. You do not need to take any further steps. The lawyers carry the litigation.
We are seeking one BC resident to serve as the representative plaintiff — the named person on the case. This is a genuine role: you will give instructions to counsel on major steps, swear an affidavit about your purchase, and attend a cross-examination by the defendants' lawyers (typically one to two hours at an examiner's office, not a courtroom). Courts have discretion to approve an honorarium for this role in recognition of your contribution.
Do I have to have bought a specific product to qualify?
Yes. This proposed class action concerns plain ibuprofen 200mg tablets or caplets purchased at Shoppers Drug Mart in British Columbia. It does not cover Advil Liqui-Gels, Advil Cold & Sinus, or other specialty ibuprofen formulations — only the standard blue-box ibuprofen 200mg tablet or caplet.
How far back does this go?
The proposed class period begins in approximately November 2005 and continues to the present. If you purchased the product at any point since then at a Shoppers Drug Mart in BC, you may be a class member.
Do I need a receipt or proof of purchase?
Not necessarily. A PC Optimum purchase history is useful if you have one, but it is not required. We will discuss documentation with you when we speak.
How much could I recover?
Individual recoveries in consumer class actions are typically modest — reflecting the price difference paid per transaction. However, the court is also being asked to consider aggregate remedies and potential disgorgement of profits, which affect the overall class recovery. Individual amounts will be determined if and when the case is resolved.
Does it cost anything to participate?
There are no legal fees or costs for class members at any stage. Counsel carries the litigation on a contingency basis. For the representative plaintiff specifically, British Columbia's Class Proceedings Act creates a no-costs regime that protects the representative plaintiff from having to pay the defendants' legal costs in most circumstances. Counsel will address costs protection with the representative plaintiff directly before any filing.
What does the representative plaintiff do?
The representative plaintiff is the named person on the court filing and has genuine responsibilities — this is not a passive role. They give instructions to counsel on major steps in the litigation, review and swear an affidavit about their purchase and relevant documents, and prepare for and attend a cross-examination by the defendants' lawyers (typically held at a special examiner's office, not a courtroom, and usually lasting one to two hours). Attendance at the certification hearing is encouraged but not required. If the case is certified, further steps may be required. Courts have discretion to approve an honorarium for this role in recognition of the representative plaintiff's contribution to the proceeding.
Why does the class period go back to 2005?
The store-brand product we believe was sold alongside the brand-name product at Shoppers Drug Mart first received its Health Canada marketing authorization in approximately November 2005. That is when the parallel shelf system described in this case came into existence. Under British Columbia's Limitation Act, the limitation period does not begin to run until a claim is "discovered" — meaning until a consumer knew or reasonably could have known about it. Because Health Canada's therapeutic equivalence certification is not disclosed on any product packaging or at the point of sale, we take the position that ordinary consumers had no means to discover this claim. Accordingly, the class period extends back to 2005.
Is my information confidential?
Yes. All information you provide is protected by solicitor-client privilege. It will not be shared with any third party without your consent.
Has this case been filed in court yet?
We are in the final stages of preparation and expect to file shortly. We are currently identifying the representative plaintiff. If you believe you qualify, contact us now — the sooner we hear from you, the sooner we can move forward.
Complete the form below to let us know about your experience. All information is confidential and protected by solicitor-client privilege. We will be in touch within two business days.
You can also reach us directly at [EMAIL] or by phone at [PHONE].
For Immediate Release | [DATE]
DID YOU PAY MORE FOR BRAND-NAME IBUPROFEN TABLETS AT SHOPPERS DRUG MART IN BC?
Health Canada certifies the store-brand ibuprofen sold on the same shelf as therapeutically equivalent. Consumers were not told.
VAUGHAN, ONTARIO — [DATE] — Zahara·Hotz Law is investigating a consumer class action on behalf of British Columbia residents who purchased brand-name ibuprofen 200mg tablets at Shoppers Drug Mart retail locations in BC.
The firm's investigation has confirmed that Health Canada's Drug Product Database assigns both the brand-name and store-brand ibuprofen 200mg products sold simultaneously at Shoppers Drug Mart the same therapeutic equivalence certification — meaning Health Canada regards them as delivering the same therapeutic effect. The brand-name product has been priced approximately 23% higher on average, with no disclosure of that equivalence to consumers at the shelf.
What We Are Looking For
We are looking to speak with one British Columbia resident who purchased the standard brand-name ibuprofen 200mg tablet (the blue box) at a Shoppers Drug Mart location in BC, did not know at the time that Health Canada certifies the store-brand equivalent as therapeutically equivalent, and would have chosen the less expensive store-brand product had they known. A purchase at any time since approximately 2005 may qualify.
The Role
The representative plaintiff is the named person in the court proceeding. This is a genuine commitment — you will give instructions to counsel, swear an affidavit, and attend a cross-examination by the defendants' lawyers (typically one to two hours). There are no legal fees or costs. BC's Class Proceedings Act provides cost protection. The court has discretion to approve an honorarium in recognition of your contribution.
Contact
All inquiries are confidential and protected by solicitor-client privilege.
Website: genericclassaction.ca | Email: [EMAIL] | Phone: [PHONE]
Zahara·Hotz Law | Glyn Hotz, LSO #40878M | Jodi Zahara, LSO #44473B | Vaughan, Ontario
This notice describes allegations that have not been proven in court. No defendants are named at this stage of the investigation.
This website describes allegations that have not been proven in court. The defendants have not had an opportunity to respond. Nothing on this website constitutes legal advice. Submitting an inquiry does not create a lawyer-client relationship.