Aussie law firm sues pharma giant Johnson & Johnson over bombshell claims its cold and flu drugs don’t work

Pharmaceutical giant Johnson & Johnson has been hit with bombshell claims the company sold dodgy cold and flu medication to Australians. 

Brisbane-based law firm JGA Saddler filed a class action against the multi-billion dollar company on Friday over the allegations.

Millions of Aussies could be eligible for compensation over claims Johnson & Johnson falsely stated several medications it sold relieved congestion. 

The class action pertains to tablets in products such as Codral Day and Night and Sudafed PE that contain a substance called phenylephrine. 

The US Food and Drug Administration (FDA) last year ruled the drug did not provide effective relief as a nasal decongestant when taken in the form of a tablet. 

The class action claims Johnson & Johnson knowingly marketed and sold medications that don’t work to Aussies for years. 

The advertising on the Johnson & Johnson Codral Day and Night medication states ‘Phenylephrine helps to relieve blocked and runny noses’.

A similar advertisement on the packaging of Sudafed PE medication refers to the drug as a ‘nasal decongestant’. 

Millions of Aussies could be eligible for compensation over claims Johnson & Johnson falsely stated several medications (pictured) it sold relieved congestion.

The medication’s website indicated that the product ‘provides fast, powerful relief from sinus pressure and nasal congestion.’  

Lawyer and director of JGA Saddler Rebecca Jancauskas said the company misled customers. 

‘Customers should be able to confidently buy medicines that work as advertised and when they don’t, the company involved should be held accountable,’ Ms Jancauskas told Nine News. 

‘Johnson & Johnson has manufactured and marketed a medication that decades of evidence have shown doesn’t work as claimed.

‘Australians have trusted these products to work as advertised and wouldn’t have bought them if they realised they were ineffective at treating congestion.’ 

The law firm has asked anyone in Australia, who bought tablets from Johnson & Johnson containing phenylephrine, to register for the class action.

Consumers who brought products from as far back as 2005 to December 2024 could be compensated if the class action succeeds.

They could also receive the value of the product they bought at that period of time, according to Ms Jancauskas. 

Lawyer and director of JGA Saddler Rebecca Jancauskas (pictured) said Australian consumers should be able to buy medication confidently knowing that they work

Brisbane ear, nose and throat specialist Dr Jo-Lyn McKenzie said the allegations will impact the trust consumers place in medications and pharmacies.

Ms McKenzie said Australians should make sure they are aware of the efficacy of medications before consuming them. 

‘This situation serves as a reminder for Australian consumers to be cautious and informed,’ she said. 

‘Rather than relying on direct-to-consumer advertising, take the time to have meaningful conversations with health professionals who can provide evidence-based recommendations.’

Dr McKenzie told the ABC phenylephrine began to be widely used in cold and flu medication after pseudoephedrine was taken off the shelves of pharmacies in 2006.

Pseudoephedrine was removed because it was being used in the production of methamphetamine. 

After the sale of the tablets containing the substance were restricted, Johnson & Johnson used phenylephrine instead so that the company could continue to sell medications.

Australia’s Therapeutic Goods Administration (TGA) was made aware that the FDA met in 2023 to investigate the efficacy of oral tablets that contained phenylephrine to provide nasal decongestion relief. 

Ms Jancauskas said the company misled customers (pictured Johnson & Johnson’s office in Sydney)

The FDA’s advisory committee also discussed whether the drug should be reviewed as ‘safe and effective’.

‘At this time, the TGA has no plans to conduct a review of the effectiveness of oral phenylephrine but will continue to monitor the outcomes of the FDA review,’ they said.

Medicines in Australia that contain phenylephrine must be registered in the ARTG (Australian Register of Therapeutic Goods).

Under Australian law the active ingredient in a medication must be displayed on the main label of the product to ensure consumers can make an informed choice about whether they want to purchase the product. 

Daily Mail Australia has contacted Johnson & Johnson for comment.