GLAXOSMITHKLINE says it "responded proactively" when ACCC concerns were raised about the packaging of its Voltaren pain relief products, after a Federal Court decision which accepted admissions that the company had breached Australian Consumer Law (PD breaking news Fri) in the marketing of Osteo Gel and Emulgel over a five year period between 2012 and 2017.
The Australian Competition and Consumer Commission brought the case against GSK and Novartis Consumer Healthcare, with the Court finding that the companies had marketed Osteo Gel as being "specifically formulated and more effective" than Emulgel in treating osteoarthritis related pain and inflammation - despite the products being essentially identical.
An ACCC investigation found Voltaren Osteo Gel was often sold at a significantly higher price than Voltaren Emulgel.
The Court cited the earlier case against Reckitt Benckiser which found RB had undertaken similar conduct involving Nurofen pain relief products.
A GSK spokesperson told PD: "We take consumer law seriously.
"Last year we admitted allegations in relation to certain historical packaging...and some historical website content related to Voltaren Osteo Gel 1%.
"It is important to clarify that certain actions taken by the ACCC in recent years provided greater clarity around the expectations of companies marketing medicinal products," the spokesperson said.
"We responded to this clarification proactively when concerns were raised and made changes to Voltaren Osteo Gel 1% packaging to help ensure we continued to meet the expectations of regulators and consumers."
The ACCC noted that in Mar 2017 GSK amended the Osteo Gel packaging to include the words "Same effective formula as Voltaren Emulgel," with the Court finding that while clearer wording would have been preferable, the change meant that the same misleading representations were not made.
A hearing will be held at a later date to determine penalties sought by the ACCC.
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