North American Nutriceutical Inc v. Canada (Attorney General)

Drug: TherapeutxTM “Maori Miracle” Joint Health Companion

This is an application pursuant to Section 18.1(1) of the Federal Courts Act, in which the Applicant is seeking judicial review of a decision made by the Natural Health Products Directorate (NHPD) refusing a product licence application.

The Court first noted that the decision by the NHPD is reviewable on a reasonableness standard but a standard of correctness for issues of procedural fairness applies The Court found that the NHPD came to a reasonable finding that the evidence relating to the safety and efficacy of one of the ingredients of the product was deficient and there was no breach of procedural fairness. The Court found that the NHPD continually noted its concern with respect to the lack of information about the safety of the ingredient in the Applicant’s product.