{"id":4246,"date":"2016-12-16T13:04:04","date_gmt":"2016-12-16T18:04:04","guid":{"rendered":"http:\/\/worldjusticenews.com\/news\/?p=4246"},"modified":"2016-12-16T13:04:04","modified_gmt":"2016-12-16T18:04:04","slug":"court-triples-fine-misleading-nurofen","status":"publish","type":"post","link":"https:\/\/worldjusticenews.com\/news\/2016\/12\/16\/court-triples-fine-misleading-nurofen\/","title":{"rendered":"Court Triples Fine Over &#8216;Misleading&#8217; Nurofen"},"content":{"rendered":"<p>The UK manufacturer of Nurofen has been hit with an increased fine of A$6m (\u00a33.6m; $4.4m) for misleading customers in Australia.<\/p>\n<p>Australia&#8217;s Federal Court ruled last year that products marketed as targeting specific pains, such as migraines, were actually identical.<\/p>\n<p>Reckitt Benckiser <a class=\"story-body__link\" href=\"http:\/\/www.bbc.co.uk\/news\/business-36167011\" target=\"_blank\">was fined A$1.7m in April<\/a>, but Australia&#8217;s consumer watchdog argued the sum was too low.<\/p>\n<p>The court on Friday agreed to increase the penalty.<\/p>\n<p>&#8220;The objective of any penalty in this case must be to ensure that Reckitt Benckiser and other &#8216;would-be wrongdoers&#8217; think twice and decide not to act against the strong public interest,&#8221; the court&#8217;s justices said in a joint statement.<\/p>\n<p>The pharmaceutical giant was also ordered to pay the Australian Competition and Consumer Commission&#8217;s (ACCC) legal costs.<\/p>\n<p>The ACCC said the company had profited substantially from misleading customers on products including Nurofen Back Pain, Nurofen Period Pain, Nurofen Migraine Pain and Nurofen Tension Headache.<\/p>\n<p>&#8220;This is the highest corporate penalty awarded for misleading conduct under the Australian Consumer Law,&#8221; ACCC Chairman Rod Sims said.<\/p>\n<p>&#8220;The ACCC welcomes this decision, having originally submitted that a penalty of $6 million or higher was appropriate given the longstanding and widespread nature of the conduct, and the substantial sales and profit that was made.&#8221;<\/p>\n<p>In a statement to the BBC, Nurofen said it acknowledged the court&#8217;s decision but would seek legal advice.<\/p>\n<p>&#8220;Nurofen is disappointed by this decision, as it considers that the original penalty of the Federal Court in April was appropriate in all of the circumstances,&#8221; the statement read.<\/p>\n<p>The court in April ruled that Reckitt Benckiser had contravened Australian consumer law by saying its Nurofen Specific Pain products were each formulated to treat a specific type of pain.<\/p>\n<p>Each product contained the same active ingredient, ibuprofen lysine 342mg.<\/p>\n<p>The company said: &#8220;Nurofen did not intend to mislead consumers, however we recognise that we could have done more to assist our consumers in navigating the Nurofen Specific Pain Range.&#8221;<\/p>\n<p>Earlier this year, Reckitt Benckiser removed a TV advert for one of its products &#8211; Nurofen Express. The advert had implied that the capsules directly targeted muscles in the head.<\/p>\n<p>The company has said it will not re-broadcast it, following complaints that the ad was misleading.<\/p>\n<p>&nbsp;<\/p>\n<p>Source: <a href=\"http:\/\/www.bbc.co.uk\/news\/world-australia-38337217\" target=\"_blank\">bbc.co.uk<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<div class=\"mh-excerpt\">The UK manufacturer of Nurofen has been hit with an increased fine of A$6m (\u00a33.6m; $4.4m) for misleading customers in Australia. Australia&#8217;s Federal Court ruled last year that products marketed as targeting specific pains, such <a class=\"mh-excerpt-more\" href=\"https:\/\/worldjusticenews.com\/news\/2016\/12\/16\/court-triples-fine-misleading-nurofen\/\" title=\"Court Triples Fine Over &#8216;Misleading&#8217; Nurofen\">[&#8230;]<\/a><\/div>\n","protected":false},"author":1,"featured_media":4247,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[350,2,6],"tags":[819,1560,2366,2365],"class_list":{"0":"post-4246","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-australia","8":"category-news","9":"category-world","10":"tag-australia","11":"tag-fine","12":"tag-increased","13":"tag-nurofen","14":"pmpro-has-access"},"_links":{"self":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/4246","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/comments?post=4246"}],"version-history":[{"count":1,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/4246\/revisions"}],"predecessor-version":[{"id":4248,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/4246\/revisions\/4248"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media\/4247"}],"wp:attachment":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media?parent=4246"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/categories?post=4246"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/tags?post=4246"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}