The manufacturers of Nurofen will be fined $6 million for misleading consumers.
Earlier this year, the ACCC won its case against pharmaceutical giant Reckitt Benckiser over the company’s “specific pain” range.
The Federal Court found the products were misleading because they all contained the same active ingredient and did the same thing.
It handed the company a $1.7 million fine, but today that was increased to $6 million after the consumer watchdog appealed. The ACCC had originally asked the Federal Court to impose a fine of $6 million.
The company has also been ordered to pay the ACCC’s costs.
The specific pain range claimed to “target” back pain, migraine, tension headache or period pain, when they in fact they all contained the same active ingredient, ibuprofen lysine 342mg.
The ACCC argued consumers may have thought they needed to buy multiple products to achieve adequate pain relief.
Appeal Justices Jagot, Yates and Bromwich said the products were “inherently misleading”.
“Contrary to the representations, ibuprofen does not target any particular type of pain. It treats all types of pain precisely the same way.”
Between 2011 and 2015 the company sold 5.9 million packets of the specific pain medication, yielding revenue of $45 million.