An Australian court has found Nurofen guilty of misleading consumers about some of its products by advertising that they relieve specific types of pain. Reckitt Benckiser that makes Nurofen painkillers has admitted to selling identical products that were marketed to treat specific types of pain for almost double the price. The Federal Court has specifically ruled that Reckitt Benckiser misled Australian consumers after Nurofen’s varieties for back pain, period pain, migraine pain and tens
ion headaches were all found to contain the same active ingredient, ibuprofen lysine 342mg.
The Australian Competition and Consumer Commission (ACCC) launched the action in March this year against the UK-based pharmaceutical company Reckitt Benckiser.
ACCC chairman, Rod Sims, said the price of Nurofen’s targeted pain relief range was significantly higher than that of other comparable products.
He said that any representations which are difficult for a consumer to test will now face greater scrutiny from the ACCC.
“Truth in advertising and consumer issues in the health and medical sectors are priority areas for the ACCC to ensure that consumers are given accurate information when making their purchasing decisions,” added Sims.
The company was ordered to remove the products from retail shelves within three months and amend the packaging to inform consumers that other products are just as suitable.
The company was also ordered to publish website and newspaper articles to clarify its status, implement a consumer protection compliance program and pay the ACCC’s costs.
A court hearing on a likely fine is yet to be scheduled.
Nurofen spokeswoman, Montse Pena, said the company had not set out to mislead consumers and that it would cooperate with the ACCC in relation to these proceedings and the court order.
“The Nurofen specific-pain range was launched with an intention to help consumers navigate their pain relief options, particularly within the grocery environment where there is no healthcare professional to assist decision making,” she said.
In 2013 drug watchdog The Therapeutic Goods Advertising Code Council ruled that Reckitt Benckiser could no long sell Nurofen in Australia under those names and that it had to withdraw advertisements claiming its product went straight to the source of pain.
The decision followed two separate complaints about the way the products were advertised.
“The advertisement was likely to encourage inappropriate or excessive use of the advertised products, particularly in the case of a consumer experiencing more than one type of pain,” the decision read.
At that time Reckitt Benckiser New Zealand said it was discussing the decision with the council and would be taking no action in NZ at that stage.
