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ARTICLE · 10 MARCH 2016

When has a company engaged in misleading or deceptive conduct?

The ACCC investigates alleged breaches of the ACL and can then commence legal proceedings against an offending company.

AustraliaConsumer Protection

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.

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