Nurofen fined $6,000,000 for misleading the public
Nurofen had 4 different pain relief products which claimed to target different types of pain. The products claimed to target ‘migraine pain’, ‘tension headache’, ‘period pain’ and ‘back pain’. Another product, Nurofen Zavance, claimed to absorb "up to twice as fast as standard Nurofen." On Nurofen’s website, they included a feature to ‘help’ people choose which Nurofen product was right for them. From 2011 to 2015, they sold around 5.9 million products and earned around $45,000,000.
The Court held that each of the ‘targeted’ pain products were identical, and they all contained 200mgs of ibuprofen. Further, the 'targeted' products were nearly twice the price as standard Nurofen. The court held that the products did not in fact target different types of pain in different ways and that all products treated the pain in the same way. Lastly, the court held that the product Nurofen Zavance had no evidence that it absorbed more quickly than their other products.
Nurofen was fined $6,000,000 for misleading and deceptive conduct.
Further Reading:
Case Name: Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181