Aussie firm files class action in New Zealand court
A Brisbane-based law firm filed a class action against pharmaceutical giant Johnson & Johnson in the Auckland High Court.
In what may be one of the “biggest class actions in New Zealand’s history”, boutique firm JGA Saddler has accused Johnson & Johnson of marketing and selling ineffective medicines for about two decades.
The firm is headquartered in Brisbane and has offices in New Zealand.
It alleged popular brands such as Codral Cold & Flu and Sudafed PE contain phenylephrine (PE), which is ineffective when taken orally.
SGA Saddler director Rebecca Jancauskas alleged 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,” Jancauskas said in a statement.
“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has manufactured and marketed a medication that decades of evidence have shown doesn’t work as claimed, relying on outdated, fallible studies to sell the New Zealand public products that don’t do what they say on the packet.”
SGA Saddler said brands marketed PE after the decongestant pseudoephedrine was banned for sale in New Zealand between 2011 and 2024 over fears it was used in the manufacture of illicit drugs.
Until it can be shown the products are effective, Consumer NZ recommended consumers stop using them.
Consumer NZ chief executive Jon Duffy said large multinational companies with ample resources “have no excuse for misleading consumers about the efficacy of their products”.
“Consumers are especially vulnerable when they are unable to test product claims themselves, and when it comes to products in the health space, it’s critical that consumers can rely on the claims manufacturers make,” Duffy said.
Omni Bridgeway is funding the class action, and SGA Saddler said it would be run on a “no-win, no-fee” basis.
“Johnson & Johnson has misled the public, and they need to be held accountable for their actions,” Jancauskas said.
New Zealand consumers who have purchased the following 17 products between 2005 and 2025 have been encouraged to register:
Sudafed PE Nasal Decongestant Tablet, Sudafed PE Sinus + Pain Relief Day & Night Tablet, Sudafed PE Sinus + Pain Relief Tablet, Sudafed PE Sinus + Allergy & Pain Relief, Sudafed PE Sinus + Anti-inflammatory Pain Relief Tablet.
Codral Cold & Flu + Mucus Cough Capsule, Codral Decongestant Tablet, Codral Day & Night Tablet, Codral Cold & Flu Tablet, Codral Night Tablet, Codral Mucus Cough + Cold Liquid, Codral Cold & Flu+ Mucus Cough Powder, Codral Cold & Flu Powder, Codral Cold & Flu Sore Throat Tablet.
Benadryl PE Chesty Cough & Nasal Congestion Syrup, Day & Night Cold & Flu + Cough Combination Tablet, Benadryl Mucus Relief Plus Decongestant Liquid.
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Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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