Targeted pain response
August 9, 2012
RECKITT Benckiser’s targeted
relief of pain claims are causing a
stir in the industry, after the TGA
released its determination in relation
to complaints over advertising.
The furore started two years ago
when Choice awarded Nurofen a
Shonky Award for its range of
caplets for migraine, back, tension
headache and period pain whose
ingredients were identical from
product to product.
“So does the back pain version
somehow magically go straight to
your back – and only your back
– as soon as you’ve swallowed it?,”
Choice said.
This award was followed up in
June 2011 with a complaint to the
Complaint Resolution Committee
(CRP) about Nurofen TV ads which
claimed “targeted relief from pain”
and “goes straight to the source of
the pain”.
In August 2011 the CRP requested
Reckitt Benckiser withdraw the
advertisement from further
publication; and to withdraw any
representations, in the context of
headaches, that the advertised
product goes straight to the source
of pain or targets pain.
Reckitt Benckiser however
disagreed with the request and
continued to run the ads, saying
“Nurofen advises that consumers
will continue to see the familiar
branding of the Nurofen target
and messages of Nurofen working
at the site of the pain”.
“This branding includes TGA
approved claims on packs that
Nurofen provides targeted relief
from pain,” the manufacturer said.
This non-compliance issue was
referred by the CRP to the TGA in
September last year, and this week
the TGA released the outcome of the
review which ordered the company
to withdraw the “Live Well Headache”
television advert; withdraw any
representations, in the context of
headaches, that the advertised
therapeutic good “Nurofen” goes
“straight” to the source of the pain;
and not to use the representations
in any other advertisement.
Meanwhile in July 2012 Reckitt
Benckiser advised the delegate of the
Secretary that it complied, and will
continue to comply, with the orders.
This however is now being
challenged by self appointed industry
watchdog Ken Harvey, who wrote
to the TGA’s Complaints Resolution
Panel saying the manufacturer has
not complied with the CRP or the
delegate’s determination.
“I submit that this entire Nurofen
campaign using a “target graphic”
and numerous claims that different
products (containing the same
active ingredient) “target the source
of the pain” is in breach of the
Competition and Consumer Act
(misleading and deceptive conduct)”,
Harvey said, adding that the
campaign also breached sections
Therapeutic Goods Advertising Code.
In addition Harvey used the
complaint to lampoon “major
defects in the current complaint
handling system”.
“Sponsors can disagree with the
independent CRP determination and
continue to promote while the
problem is referred to the TGA”.
“It is my view that promotion
should cease once a CRP determination
has been made and until such time
as any review has exonerated the
claims made. The current system is
heavily weighted in favour of the
sponsor and provides the consumer
with little protection,” he said.
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