Canadians can claim part of a proposed settlement in a class-action lawsuit over an unlisted ingredient in a sleep aid product.
According to a report by the Business Intelligence for BC, truck driver James Douglas Ruckman claimed that he suffered a heart attack that “put him out of work” after using the over-the-counter sleep aid U-Dream. He filed the lawsuit on behalf of the Class Members against manufacturer Biotrade Canada Ltd.
The lawsuit alleges that the over-the-counter sleep aid U-Dream was contaminated with an “undisclosed ingredient and should never have been sold” and that it caused some class members to “sustain injuries.”
In 2019, Health Canada issued a recall stating that several U-Dream products had been found to contain a substance similar to the prescription drug zopiclone. The drug is used to treat insomnia and can cause side effects such as “drowsiness, dizziness, memory loss, hallucinations, and abnormal sleep behaviours.”
The recall was triggered after Health Canada tested the products following complaints of “unusual side effects,” suggesting that U-Dream contained a substance not listed on the label.
Health Canada
U-Dream was manufactured and/or distributed by Biotrade Canada Ltd., London Drugs Limited, Rexall Pharmacy Group Ltd., Rexall/Pharma Plus Pharmacies Ltd., Whole Foods Market, Whole Foods Market Canada Inc., and PNP Pharmaceuticals Inc.
To be eligible for a claim, you must have bought or ingested U-Dream between August 18, 204, and to present. Surviving parents, spouses, or children of deceased individuals are also eligible.
According to BC-based law firm Rice Harbut Elliott LLP, a proposed settlement was reached and is currently pending approval by the court. The amount has not been made public yet.
The BC Supreme Court certified the Class Action for settlement on March 15.
“The proposed settlement of the Class Action must be approved by the Court to become binding,” reads a statement on the U-Dream Settlement Class Action website. “The settlement is a compromise of disputed claims and is not an admission of liability or wrongdoing or fault by any of the Defendants.”
For now, you don’t need to do anything if you’re eligible.
“You are automatically included as a Class Member unless you opt out of the applicable proceeding,” reads the statement. “After the Court approves the settlement, you will be notified in writing regarding how to apply for compensation.”
People are advised to check the website regularly for updates. If you want to be notified, contact Class Counsel at [email protected] or via mail at Suite #820 – 980 Howe Street, Vancouver, BC V6Z 0C8.