Question
In April 2016, the Federal Court of Australia found that the maker of Nurofen, Reckitt Benckiser, breached section 18 of the Australian Consumer Law and
In April 2016, the Federal Court of Australia found that the maker of Nurofen, Reckitt Benckiser, breached section 18 of the Australian Consumer Law "and another section of the ACL". The Federal Court found that Nurofen's"specific pain" range misled consumers because they all contained the same active ingredient ibuprofen lysine 342mg and did the same thing. Nevertheless the "specific pain" range costs twice as much as the "non-specific" general Nurofen product. The products promised to relieve back pain, period pain, tension headache or migraine, even though it is not possible to specifically target pain relief in such a manner. It was admitted by the ACCC that if a consumer looked carefully he or she would have noticed small print on the packets that said that the active ingredient in each of the products was the same. The ACCC is responsible for prosecuting the manufacturer in the Federal Court. What arguments do you believe the ACCC would have presented to the Court in relation to the breach of s 18? Would the ACCC also be able to argue a breach of s.29? Refer to relevant cases to support your analysis of the legislation.
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