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
Individuals who have purchased in New Zealand one or more of the below affected products of Codral, Sudafed or Benadryl branded cold and flu medicines during the period of 2005 to 2025 are invited to register their claim with Omni Bridgeway.
Affected Products:
- 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?
It is intended that the class action will be run on an “opt-out” basis, which means that all affected individuals are included in the class action unless they choose to “opt-out”. 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].