The manufacturer of Nurofen, based in the UK, is defending their packaging after their products have been pulled from the shelves by the Australian courts.
According to the court, UK-based Reckitt Benckiser has been misleading customers.
The court states that the products were marketed for treating specific types of pain, such as migraine pain. They state that the products that were made for those purposes are identical to each other.
According to a spokesman from Nurofen, the products were “designed to help the consumer easily navigate our range.” This was particularly true in grocery stores that do not contain a pharmacy.
Dr. Aomesh Bhatt, the director of regulatory and medical affairs for Nurofen had the following to say:
“Consumer research indicates that 9 in 10 people (88%) look for pain relief for a specific type of pain (eg headache, migraine, back pain) and 7 in 10 (71%) say pain-specific packs help them decide which product is best for their needs.”
There are a number of products affected by this court order, including Nurofen Back Pain, Nurofen Period Pain, Nurofen Migraine Pain and Nurofen Tension Headache.
This matter had been brought to the Australian court earlier this year by the Australian Competition and Consumer Commission (ACCC).
According to the ACCC, the court had ruled against the firm because they were guilty of the following:
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”.
Each of the products removed from the shelves contains the same ingredient, ibuprofen lysine 342 mg.
The ACCC went on to state that the products were not found to be any more effective at treating the type of pain described on the packaging as any other of the specific pain products offered by Nurofen.
In addition, Nurofen was selling their pain specific products for almost double the price of the standard products offered by Nurofen.
Those pain specific Nurofen products were also slightly higher in price than comparable products on the shelves.
No Changes Yet for the UK
Reckitt Benckiser is stating that the case was only associated with Australia and that they would continue to work with regulators to “ensure Nurofen packaging continues to be fully aligned with all guidelines and requirements.”
They went on to state that the ruling would not be applicable in other countries, including in the UK. The firm will continue to sell Nurofen migraine pain and tension headache in caplets, along with Nurofen Express Period Pain in soft capsules
There will not be any changes in the packaging in the UK and the products will still remain available.
In the UK, the watchdog agency responsible for ensuring the safety, quality and efficacy of medications is The Medicines and Healthcare Products Regulatory Agency (MHRA).
The MHRA had the following to say:
“For over-the-counter medicines informative names are permitted to help patients select an appropriate product without input from a healthcare professional.”
They went on to state that medications with informative names could act as “an aid for patients to select the appropriate product without input from a doctor or pharmacist but they can’t make misleading medical claims”.
A popular research magazine, Which? Had the following to say:
“Our research shows many painkilling medicines have exactly the same active ingredients, despite vastly different marketing, packaging and pricing. Our advice to people is to buy cheaper generic medicines wherever possible and, if in doubt, ask a pharmacist.”
The Nurofen products must be pulled off the Australian shelves within three months. The company plans on complying with the court order and further stated that they “did not set out to mislead consumers.”
Along with making pain relieving medication, Reckitt Benckiser makes a wide range of household products.
The manufacturer has been ordered to publish correction notices in newspapers, along with on its website. They are also responsible for paying the court costs of the ACCC.
Please pass this information on to others.