Episode Five of Keeping Up with the Consumer Law has the Joels dive into the realm of pain relief and packaging with the case of ACCC v GlaxoSmithKline Consumer Healthcare Australia Pty Ltd (we’re just going with “GSK”). 

In 2017, the ACCC commenced proceedings against the entities responsible for the Voltaren Emulgel and Osteo Gel products for misleading or deceptive conduct. The two products had identical formulations but were marketed as two distinct products marketed at separate consumer groups. The parties involved admitted that for a certain period, they had engaged in misleading or deceptive conduct, but did not admit to contraventions for a period between March 2017 and May 2018. 

The Court ultimately found that GSK did not engage in misleading or deceptive conduct for the period between March 2017 and May 2018 – finding that when considering the packaging of the products, how they were marketed, their positing on the shelf, GSK did not engage in misleading or deceptive conduct for the contested period. 

Interested in what the packaging actually looked like? Head over to https://www.consumerlaw.media/post/episode-five-well-that-s-a-pain-accc-v-gsk

For more information on ACCC v GSK, including links to the judgments of the court, click the links below. 

This is the fifth episode of Keeping Up with the Consumer Law. Keeping Up with the Consumer Law is financially supported by the Law Foundation of South Australia.

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Want to learn more about anything we’ve discussed?

• Australian Competition and Consumer Commission v GlaxoSmithKline Consumer Healthcare Australia Pty Ltd [2019] FCA 676: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2019/676.html
• ACCC: GSK and Novartis to pay $4.5 million in penalties over Voltaren Osteo Gel claims (28 May 2020) ⁠https://www.accc.gov.au/media-release/gsk-and-novartis-to-pay-45-million-in-penalties-over-voltaren-osteo-gel-claims
• ACCC: GSK and Novartis mislead consumers with Voltaren Osteo Gel claims (17 May 2019) https://www.accc.gov.au/media-release/gsk-and-novartis-misled-consumers-with-voltaren-osteo-gel-claims

Get in touch with Grieger and Lisk at ⁠www.consumerlaw.media/contact⁠, where you can also find out more about our up-and-coming multi-level marketing program.

Keeping Up with the Consumer Law is intended to be for educational purposes only and should not be considered legal advice. Does this episode raise any questions for you about how you can use the ACL or what your obligations are under the ACL? We recommend seeing a lawyer, head over to ⁠www.consumerlaw.media/legal-advice⁠ for more information

Keeping Up with the Consumer Law is recorded and produced on Kaurna Country.