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Nurofen agrees to settle class action

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Reckitt Benckiser will pay $3.5M To consumers who may have been “misled” by its Nurofen Specific Pain Range packaging after a class action

“Nurofen has offered to settle the Specific Pain Range class action in Australia to ensure that consumers who may have been misled are appropriately and swiftly compensated,” a spokeswoman said in a statement.

“It was never our intention to mislead, but we recognise that we could have done more to assist our consumers in navigating the Nurofen Specific Pain Range in Australia.”

“We have taken the Nurofen Specific Pain Range cases seriously, and have taken steps to ensure that future marketing campaigns are sensitive to the risk of misinterpretation and confusion, while providing consumers with an informed choice.”

Bannister Law, which brought the class action, said Nurofen maker Reckitt Benckiser Australia had agreed to pay $3.5m, which will go into a fund to be administered by an independent third party, for distribution to eligible group members.

“We anticipate Settlement Notices will soon be published in newspapers in every Australian state, calling for consumers who purchased the Nurofen Specific Pain Range products between 1 January 2011 and 31 December 2015 to come forward and register their claim for compensation from the settlement fund,” the law firm said in a statement.

Reckitt Benckiser will also pay Bannister Law’s legal costs.

In its original class action, the law firm said Reckitt Benckiser had misled and deceived customers by claiming products were specially formulated to treat separate ailments such as back pain, period pain and headaches.

“However, each product contained the same active ingredient and could not specifically treat one pain as opposed to another,” the claim said.

Bannister Law is urging customers who bought the products to receive a full refund, saying “we believe that the consumer would not have purchased the product if they had known that it was not more effective on targeting pain than any of the other Nurofen Specific Pain products.”

Nurofen Australia has already accepted a Federal Court judgement which agreed with the ACCC and found that the company “engaged in conduct that is misleading or deceptive” when marketing the products.

The company said it took immediate action to provide additional information on the packs.