Australian Regulator Targets Alleged Misleading Nurofen Claims

   By Robb M. Stewart 
 

MELBOURNE, Australia--Australia's antitrust regulator has launched federal court action against the local arm of Reckitt Benckiser Group PLC, alleging the drug company made false or misleading claims about a range of its Nurofen painkillers.

The Australian Competition and Consumer Commission said Thursday consumers had been misled over Nurofen treatments that targeted tension headaches, back, period or migraine pains. The regulator said the caplets in all four products were identical and each contained the same active ingredient, ibuprofen lysine.

Reckitt Benckiser (Australia) Pty. Ltd.'s Nurofen unit said it disputed the allegation it had contravened the country's consumer law. The products remain on sale.

Rod Sims, chairman of the ACCC, said the packaging and the local website for Nurofen suggested that each of the four products was formulated to treat a particular type of pain and has specific efficacy in treating that type of pain. He added that in addition to being "identical," all four products have been approved on the Australian Register of Therapeutic Goods as being suitable for treating a wide variety of pain types.

"The retail price of the Nurofen specific pain products is significantly above that of other comparable analgesic products that also act as general pain relievers," Mr. Sims said, adding that a sampling conducted by the regulator had found the products were being sold at retail prices almost double that of Nurofen's standard ibuprofen products and standard products of its competitors.

Nurofen in a statement said the packaging for its pain-specific products had been approved by the Therapeutic Goods Administration and complied with the regulatory guidelines. It added that its pain-specific products make it easier for consumers experiencing a particular type of pain to navigate pain-relief options on supermarket shelves.

"Nurofen will continue to work with regulators to ensure its packaging continues to be fully aligned with all guidelines and requirements and still offer consumers with clear pain relief options for their pain type," it said.

The matter is listed for a case management conference on March 31 in the federal court in Sydney. The ACCC is seeking declarations, injunctions, an order for the publication of corrective notices, penalties and costs.

Write to Robb M. Stewart at [e-mail]

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