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Australia
misleading conductdeterrence
ACCC v Reckitt Benckiser (Australia) Pty Ltd
Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; (2016) 340 ALR 25
Key Principle
Marketing different products as targeting specific types of pain when each contains the identical active ingredient and is no more effective for the named pain is misleading or deceptive conduct under the Australian Consumer Law, and a civil penalty must be set high enough to deter and not be a mere cost of doing business; the Full Court increased the Nurofen Specific Pain penalty from $1.7 million to $6 million.
Area of Law
consumer
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