A new type of product claim is emerging in the Australian class
action market; one which has been part of the US class action
landscape for many years. Unlike previous product class actions
where the safety of the product was typically in issue, the new
product claims focus on statements/ representations made in the
marketing of the product, and whether or not the statements/
representations contravene the misleading and deceptive conduct
provisions of the Australian Consumer Law.
The Nurofen class action
The most high profile example of this new breed of class action
is the Nurofen class action. The Nurofen class action is in its
early stages and "piggy backs" off the successful ACCC
action, in which Reckitt Benckiser, the makers of Nurofen, was
fined $6 million for making representations on its website and
product packaging that Nurofen Specific Pain products were each
formulated to specifically treat a particular type of pain, when
this was not the case.
