find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
Mallesons slams brakes on Nurofen campaign

Mallesons slams brakes on Nurofen campaign

Mallesons Stephen Jaques has acted for Wyeth Consumer Healthcare in a claim against Reckitt Benckiser, in a comparative advertising case that got engines racing.The Australian Self Medication…

Mallesons Stephen Jaques has acted for Wyeth Consumer Healthcare in a claim against Reckitt Benckiser, in a comparative advertising case that got engines racing.

The Australian Self Medication Industry Panel (ASMI) found in favour of Wyeth on Monday, stating that the overall potential of a Reckitt campaign advertising Nurofen Zavance to be misleading and deceptive was "immense."

Mallesons partner Katrina Rathie said speed was the essence of the case, with the $11 million campaign featuring a racing car, along with the claim that the product was "Twice as Fast." The claim was followed by an asterisk and the qualification *"Absorbed up to twice as fast as standard Nurofen".

The losing car was decked out in the distinctive teal blue colour of the competing product, Advil, manufactured by Wyeth.

"In the pharmaceutical market speed of release for analgesics, or painkillers as they are colloquially known, has been critical," Rathie said.

"In the printed material and in the television commercial, the blue and yellow car is the losing car, and it looks twice as slow, when [the advertisement] shows the speedometer, one is 182 km, and the other around 91km."

Rathie observed that comparative advertising, like the memorable Duracell Bunny campaigns, has seen resurgence since the recession.

"Comparative advertising has always had its time and place, and I think in tough times and in tough markets where people are trying to win market share from category leaders, it does become attractive."

Rathie warned businesses to be extremely careful in their use of comparative advertising, and not to rely on disclaimer clauses.

"There are various ways that you can do comparative advertising in a very legal way, but it just needs to be very carefully considered as an overall concept at the beginning."

She also praised the speed of the ASMI panel's unanimous finding on the matter.

"Reckitt launched a complaint in May, and a decision was given on Monday, so pretty much under two months from start to finish which I thought was twice as fast as the courts."

- Laura MacIntyre

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Mallesons slams brakes on Nurofen campaign
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Oct 23 2017
How to fail well
The legal profession is due for an attitude adjustment when it comes to perceived failures, accordin...
Oct 23 2017
Lawyers slam rushed consultation for SA repeat offenders bill
The Law Society of South Australia has expressed concern for a proposal to roll out new laws amendin...
Oct 23 2017
The pursuit of happiness in the law
A panel of legal experts have explored how to define success in the legal profession, and how lawyer...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...