Reckitt Benckiser (Australia) Pty Ltd v GlaxoSmithKline Australia Pty Ltd [2018] FCAFC 138

It is misleading or deceptive, or likely to mislead or deceive, and constitutes a false representation under relevant provisions of the ACL to claim that ibuprofen provides faster and more effective relief from pain caused by common headaches including tension-type headaches than paracetamol when such claim is supported only by one study (Schachtel Study) and the totality of scientific evidence available does not support a definitive superiority claim.

Jurisdiction: Australia
Judgment Date: 24 August 2018
Procedural Posture: Appeal / Judgment
Outcome: Appeal dismissed
Legal Topics: ['comparative Advertising' 'misleading or Deceptive Conduct' 'false Representations']

['consumer Law'] ['comparative Advertising' 'misleading or Deceptive Conduct' 'false Representations']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

1 ['Whether comparative advertising was misleading or deceptive or likely to mislead or deceive under s 18 of the ACL' 'Whether advertising made false representations under ss 29(1)(a) and (g) of the ACL' 'Whether there was an adequate foundation in scientific knowledge for representations about pain relief products']

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

['The appeal be dismissed.' 'The parties have leave to file submissions on costs to be determined on the papers.']