BREAKING NEWS: Australian law firm takes on Johnson & Johnson for selling Australians ineffective medicine - JGA Saddler

20 Dec 2024 5:29 PM

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Millions of Australians expecting to be able to ‘soldier on with Codral’ and other cold and flu medicines may be shocked to learn the over-the-counter products’ key ingredient is ineffective when taken orally. 

A class action was filed today against pharmaceutical giant Johnson & Johnson by boutique class action firm JGA Saddler who allege the company has knowingly marketed and sold ineffective medicines. 

Popular brands including several varieties of Codral Cold & Flu, Sudafed PE and Benadryl - all owned by Johnson & Johnson - contain phenylephrine, a drug the company has marketed and sold as a decongestant for years. 

However, a growing body of evidence has caused the Food and Drugs Administration (FDA) in the United States to propose an outright ban because it believes the drugs when taken orally, don’t work.  

JGA Saddler director Rebecca Jancauskas said it was a case of Johnson & Johnson putting profit before people. 

“Customers should be able to confidently buy medicines that work as advertised and when they don’t, the company involved should be held accountable,” Ms Jancauskas said. 

“Johnson & Johnson has manufactured and marketed a medication that decades of evidence have shown doesn’t work as claimed, relying on outdated, fallible studies to sell the Australian public products that don’t do what they claim on the packet.  

“Australians have trusted these products to work as advertised and wouldn't have bought them if they realised they were ineffective at treating congestion.” 

When the decongestant pseudoephedrine, which is effective when taken orally, was moved behind the counter in 2006 over concerns it was being used in the manufacture of illicit drugs, phenylephrine was quickly marketed as a substitute. 

Brisbane ear, nose, and throat specialist Dr Jo-Lyn McKenzie said the marketing of phenylephrine as an oral decongestant didn’t live up to the reality.  

“It’s unconscionable and deeply unethical for corporations to sell healthcare products while knowing they don’t work. This practice erodes trust in a space that depends on consumer confidence,” Dr McKenzie said.  

“When patients feel misled or duped, they may begin to question the validity of evidence-based treatments that are genuinely effective.  

“This situation serves as a reminder for Australian consumers to be cautious and informed. Rather than relying on direct-to-consumer advertising, take the time to have meaningful conversations with health professionals who can provide evidence-based recommendations.”  

This case is backed by global litigation funder Omni Bridgeway. Omni Bridgeway’s Investment Manager Niall Watson-Dunne said it was important companies are held to account when they breach the guarantees owed to consumers.   

“For around 19 years, Australians have been sold cold and flu products to relieve their symptoms, despite studies and scientific evidence showing their key ingredient phenylephrine is ineffective when taken orally,” Mr Watson-Dunne said. “Australians deserve better.”  

JGA Saddler is urging all Australians who purchased any of the below Johnson & Johnson products at any time since 2005 to register for the class action at coldandfluclassaction.com.au.  

Australian consumers who have purchased any of the following 20 products are encouraged to register: 

Codral Cold & Flu | Codral Cold & Flu + Dry Cough | Codral Day & Night | Codral Day & Night + Dry Cough | Codral Night | Codral Plus Mucus + Cold & Flu | Codral Cold & Flu (powder sachet) | Codral Dry Cough + Cold (liquid medicine) | Codral Cold & Flu + Mucus Cough (powder sachet) | Codral Mucus Cough + Cold (liquid medicine) | Codral Cold & Flu + Mucus Cough | Codral Decongestant | Sudafed PE Nasal Decongestant | Sudafed PE Sinus + Allergy & Pain Relief | Sudafed PE Sinus + Anti-inflammatory Pain Relief | Sudafed PE Sinus + Pain Relief | Sudafed PE Sinus + Pain Relief Day + Night | Sudafed PE Night | Benadryl PE Dry Cough & Nasal Congestion | Benadryl PE Chesty Cough & Nasal Congestion | Benadryl Mucus Relief Plus Decongestant. 

About JGA Saddler

JGA Saddler specialises in large and complex litigation, with a focus on class actions. Collectively the boutique class action firm’s founders have over 80 years of litigation experience, 60 of which they specialised in class actions, and have secured more than $1.3 billion in class action settlements and judgements.

ENDS 

Further information for journalists

Access to court documents

As you may know, due to changes in procedure at the Federal Court we aren’t allowed to provide non-party access to the court documents prior to the first hearing without leave of the Court: fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-accs.

FDA proposes phenylephrine ban 

On Thursday, November 7, 2024, the U.S. Food and Drug Administration announced it is proposing to remove oral phenylephrine as an active ingredient that can be used in over the counter (OTC) monograph drug products for the temporary relief of nasal congestion after an agency review of the available data determined that oral phenylephrine is not effective for this use. This is the FDA’s media release. 

The full scientific review behind the FDA’s proposed ban can be found here: 

Advertising

Several Sudafed and Codral advertisements of products containing phenylephrine can be found on YouTube:

Sudafed PE Commercial (2008): https://youtu.be/nYmO-EHYGgs

Sudafed PE Sinus Anti-inflammatory Pain Relief 2010 Ad (2010): https://youtu.be/ra_vu5VAuz8

Codral Cold & Flu “With Codral, Soldier on” (2010): https://youtu.be/M-qQhi5xzUI?si=ddgqRiRGw5FXWTRr

Codral “Soldier on Sooner” (2023): https://www.youtube.com/watch?v=244qOJ19UoE

Contact details:

Nick Price 0432 482 003 nick.price@bespokenagency.com.au

Sarah Morgan 0421 664 969 sarah.morgan@bespokenagency.com.au 

 

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