AFT Pharmaceuticals (AU) Pty Limited v Reckitt Benckiser (Australia) Pty Limited [2020] FCAFC 45 (18 March 2020) (Murphy, Wigney and Burley JJ)


Catchwords:


CONSUMER LAW – comparative advertising of over-the-counter analgesic products – whether advertisements contravened Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) – misleading or deceptive conduct – false or misleading representations – conduct liable to mislead as to nature or characteristic of goods – whether adequate scientific foundation for representations as to superiority of pain relief provided by appellant’s analgesic product over other analgesic products – whether primary judge erred in evaluating the evidence – whether primary judge erred in applying the onus of proof – appeal dismissed