- Parties: The appellant was Le-Vel Brands, LLC. The respondent was the Attorney General of Canada.

- Subject Matter: The appellant sold and marketed in Canada the Thrive Premium Lifestyle Derma Fusion Technology Patch, a product that allegedly improved the appearance of the wearer’s skin. While the patch was initially sold as a cosmetic, shortly after the launch, Health Canada advised the appellant that it took issue with the patch’s classification as a cosmetic and that it should instead be classified as a natural health product. Health Canada eventually issued a final decision classifying the patch as a natural health product and issued a compliance letter to the appellant requiring it to cease sales of the product in Canada.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal with costs. The Federal Court properly determined that Health Canada’s decision to classify the patch as a natural health product, as opposed to a cosmetic, was reasonable, the appeal court said. The Federal Court’s decision was intelligible, coherent, and well within the applicable legal and factual constraints in the overall context of the entire correspondence between the parties, the appeal court added.

- Date: The hearing was set on June 1, 2023. The court released its decision on Aug. 16, 2023.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.