The importance of ensuring that your marketing does not breach consumer protection legislation

In 2017 GlaxoSmithKline and Novartis were accused by the Australian Competition and Consumer Commission of misleading consumers for over 5 years.

The two companies admitted that “Osteo Gel” was marketed as being more effective in the treatment of osteoarthritis than a similar product, Emulgel, despite the products being substantively the same and Emulgel being significantly cheaper. Today the Federal Court ordered GlaxoSmithKlein to pay a fine of $11.5M and Novartis to pay $3M.

This is a timely reminder to companies to ensure that their products are appropriately marketed and that their packaging and advertising is not misleading.

If you would like advice regarding your marketing and packaging, Heather Richardson or Natalie Lasek can help.