J&J Cold and Flu Class Action New Zealand
Omni Bridgeway has agreed to fund a class action brought by JGA Saddler Lawyers (NZ) against Johnson & Johnson companies1 (“J&J”) on behalf of all individuals in New Zealand who have purchased Codral, Sudafed or Benadryl branded oral cold and flu medicines containing Phenylephrine (“PE”) as the active ingredient during the period of 2005 to 2025.
All affected consumers are invited to register their interest in the class action using the details below.
Background
J&J is a global pharmaceutical company which operates in New Zealand and Australia. J&J manufactures and distributes over the counter cold and flu medicines containing PE, an active ingredient in most decongestant medicines, that are marketed to alleviate cold and flu sinus symptoms.
PE is claimed to be an effective nasal decongestant. For decades PE, either on its own or in combination with other active ingredients such as paracetamol or ibuprofen, has been marketed for the purported relief of nasal congestion in people with a common cold, flu, or allergic rhinitis.
PE has recently been found by the FDA to be no more effective than a placebo in relieving cold and flu symptoms when used orally.
Cause of Action
This claim will be run as a class action. A class action is a court proceeding in which a group with similar interests collectively sues one or more defendants. The court proceeding is brought by a representative plaintiff on behalf of the class.
The claim alleges that J&J breached provisions of the Consumer Guarantees Act and that its conduct was misleading and deceptive under the Fair Trading Act.
Class Action Eligibility
On 11 May 2026, the High Court approved this class action being run on an “opt out” basis. That means that all individuals who have purchased at least one of the affected products (see below) are automatically included in the class action unless you elect to opt out.
Affected Products:
The following products between 31 March 2005 and 13 February 2025:
- Sudafed PE Nasal Decongestant (tablets)
- Codral Decongestant (tablets)
The following products between 13 February 2011 and 13 February 2025:
- Benadryl PE Chesty Cough & Nasal Congestion (liquid)
- Benadryl Mucus Relief Plus Decongestant (liquid)
- Codral Cold & Flu (tablets)
- Codral Cold & Flu (powder)
- Codral Day & Night (tablets)
- Codral Night (tablets)
- Codral Mucus Cough + Cold (liquid)
- Codral Cold & Flu Sore Throat (tablets)
- Day & Night Cold & Flu + Cough Combination (tablets)
- Codral Cold & Flu + Mucus Cough (tablets)
- Codral Cold & Flu + Mucous Cough (powder)
- Codral Decongestant (tablets)
- Sudafed PE Nasal Decongestant (tablets)
- Sudafed PE Sinus + Allergy & Pain Relief (tablets)
- Sudafed PE Sinus + Anti Inflammatory Pain Relief (tablets)
- Sudafed PE Sinus + Pain Relief (tablets)
- Sudafed PE Sinus + Pain Relief Day & Night (tablets)
How Much Will it Cost to be a Part of the Class Action
The class action is being funded by Omni Bridgeway on a “no win, no pay” basis in accordance with the terms of a funding agreement or terms imposed by the Court. If the class action is successfully resolved and there is a recovery of compensation, Omni Bridgeway will be entitled to reimbursement of the costs it has spent plus a commission from such recovery only.
There are no ‘out of pocket’ costs for class members to pay. Class members do not have to pay anything in the event that the class action is unsuccessful, as Omni Bridgeway agrees to pay any legal costs that might be awarded to J&J or any other defendants as set out in the funding agreement.
How Do I Participate In The Class Action?
Register your interest
You do not need to enter into a funding agreement to participate in the class action, but we invite you to register your interest now.
If you register your interest in the class action, you will receive updates as the class action progresses. Registration is free and without obligation. Merely registering your interest via this website does not bind you to any contract or commitment.
To register your interest, you can do so by clicking on the “Register your Interest” button below. Alternatively, you can contact the Omni Bridgeway Client Liaison Team in our Perth office by email on [email protected].
Opt out
On 11 May 2026, the High Court of New Zealand approved the Notification Orders and Opt-Out Notice. The relevant documents can be found under the Key Documents section.
As stated above, all affected individuals are included in the class action unless they choose to “opt-out”. Should you wish to opt out of the class action, you must do so by no later than 5pm NZ time on Wednesday 12 August 2026.
You should read the Opt-Out Notice carefully, as it contains important information regarding your legal rights in relation to the class action, and how to opt out.