The Commerce Commission has given Nurofen New Zealand three months to change the packaging of its pain specific range, following in the steps of an investigation in Australia that the products ingredients were no different.
In a statement, the commission said it has reached an agreement with Nurofen's manufacturer Reckitt Benckiser (New Zealand) Limited under which it will stop New Zealand sales of its Nurofen specific pain range products - migraine pain, period pain and back pain - in their current packaging by March 2016.
It now has to create new packaging which clearly tells consumers
The Commission is investigating concerns that the current packaging of these specific pain range products is misleading and deceptive.
The New Zealand company has cooperated with the Commission to provide enforceable undertakings, following legal action in Australia in which Reckitt Benckiser (Australia) Limited admitted that the products breached the Australian Consumer Law. The Federal Court of Australia ordered by consent that the company had engaged in misleading and deceptive conduct by representing that each product in the Nurofen specific pain range was specifically formulated to treat a particular type of pain when the products are identical.
In both countries, the products cannot be supplied in their current packaging beyond March 2016. A temporary packaging arrangement has been agreed that will see the products being sold with amended labels that will disclose that the products are equally effective in the treatment of other forms of pain.
The Commission's investigation is continuing and is expected to be completed in early 2016. Its concerns are focused on representations made on packaging, and are not about the safety of the product.
In a statement, Nurofen NZ said it has been working closely with the Commission.
It would now include additional information on its specific-pain packaging.
"These changes will not impact availability and Nurofen specific-pain products will remain on shelf with the additional information introduced over the next three months.
"Nurofen specific-pain products were launched to help consumers with the navigation of pain-relief options in the grocery environment where the support of a healthcare professional is limited. Nurofen NZ takes this matter seriously and regrets that its packaging may have been misleading, as this was never the intention."
The company said its pain-specific range differs in clinical performance from standard ibuprofen.
Its specific-pain range contains 342mg ibuprofen lysine which is more soluble and absorbed more quickly in the bloodstream than standard ibuprofen (acid).