Class action alleges drug in Codral and Sudafed doesn’t work
Johnson & Johnson has been accused of marketing and selling ineffective nasal decongestant medicines to Australians for nearly two decades.
Pharmaceutical giant Johnson & Johnson has been accused of knowingly marketing and selling ineffective nasal decongestant medicines to Australians for nearly two decades.
A class action claim filed in the Federal Court on Friday accuses the company of misleading and deceptive conduct by knowingly selling several varieties of Codral Cold & Flu and Sudafed PE which contain phenylephrine, a drug the company has marketed and sold as a decongestant for years.
Johnson & Johnson has not yet filed a defence, but intends to deny the allegations of breaches of consumer law.
The Food and Drug Administration in the United States is considering an outright ban on phenylephrine because it believes the drugs, when taken orally, do not work.
The Federal Court case in Australia alleges that Johnson & Johnson has knowingly marketed the drug in a wide range of products for nearly two decades to Australians despite years of evidence to prove that they are “no better than placebo”, according to the class action.
The case will allege that Johnson & Johnson is “putting profit before people” and has sold “millions of Australians … a lie” as Australians would not have bought the drug if they knew it was ineffective at treating congestion, said JGA Saddler director Rebecca Jancauskas.
“Johnson & Johnson has manufactured and marketed a medication that decades of evidence have shown doesn’t work as claimed, relying on outdated, fallible studies to sell the Australian public products that don’t do what they claim on the packet.”
When the decongestant pseudoephedrine, which is effective when taken orally, was moved behind the counter in 2006 over concerns it was being used in the manufacture of illicit drugs, phenylephrine was quickly marketed as a substitute.
Johnson & Johnson brands are dominant in the Australian phenylephrine market.
Brisbane ear, nose and throat specialist Jo-Lyn McKenzie said she was “not surprised by the proposed FDA ban on phenylephrine tablets”.
“It’s been clear as a health professional and as a consumer for a long time that they don’t work,” Dr McKenzie said.
Dr McKenzie pointed out that the products were sold over the counter, bypassing the involvement of a pharmacist and other healthcare professionals.
“Patients expect when they go into the pharmacy, they will spend money on medications that work,” Dr McKenzie said.
Johnson & Johnson was approached for comment but did not reply before deadline.
