Class action taken against Johnson & Johnson for allegedly selling ineffective cold and flu medicines

The 17 products included in the class action contain the decongestant phenylephrine, which was marketed as an alternative to pseudoephedrine when the latter was made a prescription-only medicine in 2011.

The action filed by Australian law firm JGA Saddler has been brought under the Consumer Guarantees Act and Fair Trading Act. JGA Saddler say Johnson & Johnson is putting profit before people because it has manufactured and marketed products that decades of evidence show don’t work as claimed.

Last year, the United States’ Food and Drug Administration proposed banning oral phenylephrine as an active ingredient in over-the-counter products after its review determined the drug was ineffective for the temporary relief of nasal congestion.

Consumer NZ chief executive Jon Duffy said class actions like this, which enable people to collectively pursue one claim together, are rare in New Zealand but vital to keep businesses honest.

“There is no excuse for large, multinational pharmaceutical companies with huge resources, like Johnson & Johnson, to be marketing products that are ineffective.

“Consumers should be able to be confident that claims being made about products are accurate and can be backed up. Companies must be held to account if they are found to have breached the Consumer Guarantees and Fair Trading Acts,” Duffy said.

Consumer’s 2024 investigation into cold and flu remedies found the evidence for the active ingredients in some cold and flu remedies didn’t stack up and the remedies were no better than a placebo.

Consumer health spokesperson Belinda Castles said phenylephrine was one of the ingredients the organisation called out in its review, but consumers now have the option to buy products containing pseudoephedrine again to help with congestion.

“The long and the short of it is that there’s no cure for the common cold. Aside from products containing pseudoephedrine, most over-the-counter medicines won’t offer anything more than a placebo effect, so they’re a waste of money.

“The best thing you can do is ask your doctor for a sick note instructing you to take a few days off. This has the added benefit of preventing you from passing on the virus.”

Castles said that, when it comes to pain relief, everyday painkillers like paracetamol and ibuprofen are good options.

“They’ll also save you money, compared with the bespoke cold and flu remedies on offer, and you’ll pay even less if you choose generic, rather than branded, medicines,” Castles said.

We encourage anyone who purchased any of the products listed below between 2005 and 2025 to join the class action.

For more information, visit www.coldandfluclassaction.co.nz.

Products included in the class action

Benadryl Range

• Benadryl PE Chesty Cough & Nasal Congestion
• Benadryl Mucus Relief Plus Decongestant

Codral Range

• Codral Cold & Flu
• Codral Day & Night
• Codral Night
• Codral Cold & Flu (powder sachet)
• Codral Mucus Cough + Cold (liquid medicine)
• Codral Cold & Flu + Mucus Cough (powder sachet)
• Codral Cold & Flu + Mucus Cough
• Codral Decongestant
• Codral Cold & Flu Sore Throat
• Day & Night Cold & Flu + Cough Combination

Sudafed Range

• Sudafed PE Nasal Decongestant
• Sudafed PE Sinus + Allergy & Pain Relief
• Sudafed PE Sinus + Anti inflammatory Pain Relief
• Sudafed PE Sinus + Pain Relief
• Sudafed PE Sinus + Pain Relief Day + Night