CONTEMPT?

[Tedwalker]

14 December 2015

In proceedings commenced by the Australian Competition and Consumer Commission, the Federal Court has found that Reckitt Benckiser (Australia) Pty Ltd (Reckitt Benckiser) engaged in misleading conduct in contravention of the Australian Consumer Law by representing that its Nurofen Specific Pain products were each formulated to treat a specific type of pain, when the products are identical.

The Nurofen Specific Pain product range consists of Nurofen Back Pain, Nurofen Period Pain, Nurofen Migraine Pain and Nurofen Tension Headache.

The court found that Reckitt Benckiser made misleading representations on the packaging of each Nurofen Specific Pain product, and on its website http://www.nurofen.com.au(link is external), that each product:
•was formulated to treat a particular type of pain; and
•solely or specifically treated a particular type of pain.

In fact, each product contains the same active ingredient, ibuprofen lysine 342mg, and is no more effective at treating the type of pain described on its packaging than any of the other Nurofen Specific Pain products.

Reckitt Benckiser admitted that it had engaged in the contravening conduct and consented to the orders made by the Court.

Could we say that this was just a harmless marketing ploy, or did they treat us consumers with contempt?

[kfchugo]

It was certainly marketing "flair", however the point could reasonably be made that their product did actually address the various types of specific pain they claimed to. I believe that their product was quite effective for all kinds of pain. Still, in the consumer world, they have sinned and must pay the price.
When you consider what some of the major retailers and oil companies are getting away with, this judgement does seem somewhat laughable.

[terra]

I don't feel sorry for Nurofen at all.... the fine should have been much more than that.

I heard a report on ABC radio last week saying that Nurofen make a world-wide profit of 4.5 billion dollars per year.

The paltry fine of 1.7 million dollars is what they earn in just one hour.

[kfchugo]

Personally, I dont think what they did was all that bad. They packaged their product saying that one box would target specifically period pain and it did. Another box claimed to target back pain and the product worked, the same with headaches. I dont believe that each box would address ONLY those ailments specified. They were just cunning in packaging the SAME product claiming that it addressed SPECIFIC ailments. If I had a headache and had no other pain medication, I might take the wifes period pain medication - I am sure it would work, at least to some extent.
I might feel more inclined to blame the manufacturer if they claimed falsely that their product would treat some illness, i.e., if they packaged their pain medication claiming that it would cure athletes foot.

[Buck_naked]

But..but...but...they charged different prices for the same product.
(migraine, period, back pain, sinus, tension headache etc)
also the box says 'targeted' pain relief.
As tho somehow the drug could zero in a specific type of pain and only that pain.
complete rubbish of course.

[kfchugo]

Why complain then Buck?....If you buy headache pills, but they also cure a back problem......are you disadvantaged? If they did charge higher for the different boxes, were they all the same? Maybe there were different percentages of the active ingredient, more pills per box etc?
I think this whole episode is a piddling matter and not worth talking about. There are plenty of companies out there ripping off consumers and getting away with it. I see this instance as just clever marketing where the consumer got what they paid for.

[Tedwalker]

Summing up, I can't see where any harm was done, but it certainly points out the hypocrisy and disregard of ethical standards in the commercial world.

[Biggdad]

If you buy a bottle of Chivas regal, that's what you expect to get in the bottle.
Same if you pay for fillet steak, that's what you expect to get!
I reckon these companies should be fined to the MAX.
We fight for correct Labeling of products & this is what we should get!!

[kfchugo]

That is the whole point, Bigdad - people got what they paid for- the product treated the ailment it was purchased for. They got their "Chivas Regal" - it is merely the box it came in that is disputed. Consumers are getting mighty hard to please these days.

[Biggdad]

That is the whole point, Bigdad - people got what they paid for- the product treated the ailment it was purchased for. They got their "Chivas Regal" - it is merely the box it came in that is disputed. Consumers are getting mighty hard to please these days.

Hugo: So you think it is fair that they sold a product at a dearer price, just by changing the box & labeling!


http://www.theguardian.com/business/201 ... ainkillers

The Australian federal court ruled that the British-based multinational had made misleading claims when selling its Nurofen Back Pain, Nurofen Period Pain, Nurofen Migraine Pain and Nurofen Tension Headache products.

More on this topic Nurofen manufacturer sued over false claims on packets

While these were marketed as formulated to treat a specific type of pain, and cost about double the price of standard Nurofen, tablets from the so-called Nurofen Specific Pain range were all found to contain the same active ingredient, 342mg of ibuprofen lysine, equivalent to 200mg of ibuprofen.

[kfchugo]

Honestly Bigdad, dont you see that this kind of thing is going on every day of the week? Buy a screwdriver in Bunnings for $10 and go back next week and see the same one for $8 - will Bunnings give you a refund? - of course not. The product is now on "special". Look at the "cycle" of fuel pricing in this country - you pay a different price for the same fuel every week. A manufacturer or retailer will always charge what the market will bear, not necessarily the actual value of a product.
I am not saying that the makers of nurofin are guilt free but they are only following the market. You can buy ibuprofin in a "brand" name or a generic brand and the price difference can be enormous (for the same product or active ingredient content) why not complain about that.
This manufacturer obviously bent the rules, but the consumer got what they paid for and the manufacturer took advantage of their brand name and charged what they could. As I mentioned in another post, when you consider what Cole, Woolies and Co plus the oil companies get away with, this is chicken feed and hardly worth a mention.

[Perrorist]

I buy plain brand ibuprofen (and other meds). Much cheaper than Nurofen.

Where R&C erred was inferring their bog standard ibuprofen was efficacious for specific complaints by packaging it differently and charging more accordingly. In this way, they misled consumers.

[terra]

I tried ibuprofen this week to see if it could help my never ending shoulder pain due to damaged rotator cuff from a magnificent one and a half with pike in the shower three weeks ago.
Yes, it did help with pain but I stopped using it today because I'm bleeding at the drop of a hat. My friends little puppy ran up to me all excited and jumped up on me.
His sharp claws brushed my right leg....just slight scratches and the blood flowed profusely.
Bugger !.... back to panadol.....oops, I mean Coles own brand Paracetamol.
Just 79 cents for a packet of 24.

[grandduke]

Are you on warfarin Terra.

[terra]

No grandduke...... the only thing that's new with my drug intake is ibuprofen.
Been off it now for two days so I'll soon find out if it's the culprit.
Just knew I should have gargled with whisky & swallowed...... perfect cure for what ails you.