By Matt O'Neale - 16 Dec 2015
Are you experiencing pain in your
back? Then, according to Reckitt Benckiser, Nurofen Back
Pain should be your drug of choice.
Has a piercing migraine got you
down? No worries, Reckitt Benckiser's products
suggest, Nurofen Migraine Pain will soon soothe your
misery.
However, Nurofen is now proving a sore spot for manufacturer
Reckitt Benckiser following proceedings brought by the Australian
Competition and Consumer Commission (ACCC).
Reckitt Benckiser's specific pain product range includes the
above products, together with Nurofen Period Pain
and Nurofen Tension Headache. Each product has
been promoted as specifically targeting and treating the particular
type of pain.
However, an Australian court has now found that each product
contains the exact same active ingredient, ibuprofen lysine 342mg,
and is no more effective at treating a specified pain than any of
the other Nurofen specific pain products.
As in New Zealand, Australia's consumer protection legislation
prohibits misleading conduct. Being on the receiving end of a court
judgment like this causes both reputational harm, as well as
potentially significant penalties. In this instance, these included
removing all Nurofen specific pain products from shelves within
three months, publishing corrective notices, and paying the ACCC's
costs.
The Commerce Commission is taking notice and considering the
situation in New Zealand.
Reckitt Benckiser's pain could potentially have been avoided had
they taken and followed legal advice about the potentially
misleading nature of their claims before the products went to
market.
If you're experiencing product claim pain, please consult your
lawyer.
Contacts
Craig
Nelson
Matt
O'Neale
Mike
Worsnop
Melissa
Higham