J&J Cold and Flu Class Action
Omni Bridgeway has agreed to fund a class action brought by JGA Saddler Lawyers against Johnson & Johnson Pacific Pty Ltd (“J&J”) on behalf of all individuals 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 2024.
Affected consumers are invited to sign up to the class action using the details below.
Background
J&J is a pharmaceutical company in Australia that manufactures and distributes over the counter cold and flu medicines containing Phenylephrine, 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
The claim alleges that J&J breached the consumer guarantees in sections 54 and 56 of the Australian Consumer Law and that J&J’s conduct was misleading and deceptive.
Class Action Eligibility
Individuals who have purchased one or more of the below affected products of Codral, Sudafed or Benadryl branded cold and flu medicines during the period of 2005 to 2024 are invited to register their claim with Omni Bridgeway.
Affected Products:
- Benadryl PE Dry Cough & Nasal Congestion;
- Benadryl PE Chesty Cough & Nasal Congestion;
- Benadryl Mucus Relief Plus Decongestant;
- 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; and
- Sudafed PE Night.
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 respondents.
How Do I Participate In The Class Action?
As the matter is filed as an Open Class Action on behalf of eligible group members, you do not need to enter into a funding agreement to participate in the class action.
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].