A British Columbia judge recently ruled on a consumer complaint with quotes from British comedy crew Monty Python’s The Dead Parrot sketch.
“Now that’s what I call a dead parrot,” BC Supreme Court Justice Ward Branch said in a decision prefaced with the words, “Sometimes a consumer makes a purchase, but doesn’t. not receive what he ordered. “
In the Monty Python sketch, a Mr. Praline bought a dead parrot nailed to its perch. The store owner denies the bird is dead, claiming the buyer knocked it out while shaking the cage.
“Yes! You knocked him out, just as he was waking up! The Norwegian Blues are easy to stun. ‘”
The trader further claims that the bird was nailed to the perch to prevent it from escaping.
“Like poor Mr. Praline, the complainant complains that she was sold a health product that did not contain what he said on the bottle,” Branch said in its July 16 decision.
The applicant is Uttra Kumari Krishnan. She initiated a class action lawsuit against several defendants, including numerous supermarkets and pharmacies in British Columbia.
She had requested glucosamine sulfate (GS) for joint pain on the recommendation of a pharmacist.
It alleges that the manufacturer defendants – Jamieson Pharmaceuticals Ltd. WN Pharmaceuticals Ltd. and Natural Factors Nutritional Products Limited – were making supplements labeled as containing GS when in reality the products did not.
She said she was not sure what was in the bottles, but argued that what is important is that it was not GS.
The proposed class is made up of those who, since May 2016, have purchased a product labeled as containing Glucosamine Sulfate, Glucosamine Sulfate, Potassium Chloride, Glucosamine Sulfate KCL, or Glucosamine Sulfate.
Krishnan claims that the defendants negligently distorted the contents of the GS products.
One argument to be resolved, the judge noted, was whether or not any of the defendants’ glucosamine sulfate products contain glucosamine sulfate.
The manufacturers have claimed that the answer to this question has no bearing on the progress of the resolution of the group’s claim. They argued that what really matters is whether they have passed Health Canada’s testing requirements.
“Health Canada’s testing protocols cannot turn a dead parrot into a living parrot,” Branch said. “Health Canada cannot establish a protocol requiring that a parrot still have only its feathers to be sold as a live parrot, and thus prevent anyone from suing after selling a parrot that ‘joined the bleeding choir.’ invisible.'”
Branch ruled that Krishnan properly argued his cause of action.
Jamieson argued that there was no evidence that Krishnan purchased the product and that the evidence for the test results was inadequate.
The certification application Branch was voting on only involved Jamieson, WN and Natural Factors.
Eventually, Branch certified the action against WN and Natural Factors.