Significant New Zealand class action to ‘soldier on’ against Kenvue and J&J

Global pharmaceutical giant Johnson & Johnson has been put on notice as a class action lawsuit, likely to be New Zealand’s ‘largest ever by size’ will go ahead on an opt-out basis.

The lawsuit, brought last year by JGA Saddler NZ, has overcome its first major hurdle and been granted permission to proceed by the New Zealand High Court.

The action was launched against Kenvue and Johnson & Johnson owned companies over an allegedly ineffective decongestant ingredient in the company’s oral cold and flu medications sold under popular brands like Codral, Sudafed and Benadryl.

Since then, thousands of Kiwis have joined but hundreds of thousands may be eligible for compensation as the representative action includes people who purchased the medications as far back as 2005.

JGA Saddler director Rebecca Jancauskas welcomed the decision by the New Zealand High Court.

“New Zealanders have a right to medicine that works as described and we welcome the decision by the High Court to allow this case to proceed as an opt-out class action,” Ms Jancauskas said.

“We’ve spoken to many customers who have spent hundreds and even thousands of dollars on these medicines over almost two decades. This will give them a chance to be compensated.”

Scientific evidence shows phenylephrine, the decongestant sold as an active ingredient in many cold and flu products, doesn’t work when taken orally in liquid or tablet form.

In November 2024, the USA’s Food and Drug Administration (FDA) proposed a ban following the FDA’s Nonprescription Drugs Advisory Committee’s unanimous vote that oral phenylephrine is ineffective as a nasal decongestant.

JGA Saddler, on behalf of individual plaintiffs, subsequently launched legal action in both Australia and New Zealand against Kenvue and Johnson & Johnson companies, which sell phenylephrine as a decongestant commonly combined with paracetamol in popular oral cold and flu or “PE” products.

Since then, thousands of consumers keen to seek their money back have registered for the class action, including Milo Davies from Wellington.

Mr Davies said he had questions for the company which profited from the sale of the medicines he bought for years believing they would work as advertised.

“In this case we’re dealing with cold and flu symptoms, but what if it was a cancer drug?” he said.

“It raises a lot of questions that I think need to be answered.”

The class action has been backed by global litigation funder Omni Bridgeway, meaning there is no out of pocket cost to register or take part. People who wish to register for the J&J Cold and Flu Class Action New Zealand can do so here.

Consumers who have purchased any of the following 16 products are encouraged to register:

Codral Cold & Flu | Codral Day & Night | Codral Night | Codral Cold & Flu (powder sachet) | Codral Cold & Flu + Mucus Cough (powder sachet) | Codral Mucus Cough + Cold (liquid medicine) | Codral Cold & Flu + Mucus Cough | Codral Decongestant | 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 | Benadryl PE Chesty Cough & Nasal Congestion | Benadryl Mucus Relief Plus Decongestant | Day & Night Cold & Flu + Cough Combination.