Le-Vel Brands, LLC v. Canada (Attorney General), 2023 FCA 177
Justice Mactavish; Justice de Montigny; Justice Laskin - 2023-08-16
Read full decision. Automatically generated summary:
Le-Vel Brands, LLC (the appellant) sells and markets in Canada the Thrive Premium Lifestyle Derma Fusion Technology Patch (the Patch), a product that is claimed to improve the appearance of a wearer’s skin. While the Patch was initially sold as a cosmetic, Health Canada advised the appellant shortly after its launch that it took issue with the Patch’s classification as a cosmetic, and that it should instead be classified as a natural health product (NHP). ... Health Canada eventually issued a final decision according to which the Patch was classified as an NHP, and issued a compliance letter to the appellant requiring it to cease sales of the product in Canada. ... After having carefully reviewed the record and considered the oral and written submissions of the parties, I am of the view that the Federal Court properly determined that Health Canada’s decision to classify the Patch as an NHP, as opposed to a cosmetic, was reasonable
Decision relates to:
- A-92-22 - LE-VEL BRANDS, LLC V. THE ATTORNEY GENERAL OF CANADA which is an appeal from 2022 FC 459 in T-1802-21