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 robb.stewart@wsj.com
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