ACL AND THE CASE AGAINST NUROFEN – MISLEADING OR
DECEPTIVE CONDUCT.
The Australian Consumer Law ("ACL") protects consumers
from being a victim of misleading or deceptive conduct in trade or
commerce. No company is immune from legal action if they are
suspected of being in breach of the ACL.
ACCC case against Nurofen
The Australian Competition and Consumer Commission
("ACCC") investigates alleged breaches and has the
authority to commence legal proceedings against an offending
company. This was most recently the case in proceedings brought
against Reckitt Benckiser (Australia) Pty Ltd ("RB"), the
company behind Nurofen.
RB had released four Nurofen products, each targeted at
relieving a specific type of pain, ie back pain, migraines, tension
headache and period pain. The pain targeted by each product was
indicated not just on the packaging, but also on its website.