Pharmaceutical giant Johnson & Johnson is facing a class action for allegedly marketing and selling ineffective medicines— something they’ve apparently been doing for decades. 

For those who missed it: J&J’s popular cold and flu brands, Codral Cold & Flu and Sudafed PE, contain phenylephrine, a drug they’ve sold as a decongestant for years. The problem? It doesn’t actually work when taken orally. 

JGA Saddler, (disclaimer Pead client) the law firm leading the class action, put it bluntly: this is a case of Johnson & Johnson prioritising profit over people. 

The thing is, we trust brands to deliver what they promise— to do what it says on the tin. When they don’t, and when they deliberately mislead consumers, they need to be held accountable. 

While individual New Zealanders who have purchased these products may not file claims on their own, there’s strength in numbers. Consumers have been encouraged to register for the class action, because when brands exploit trust, the only way to fight back is together. 

And J&J is hardly the only offender. Trusted brands have a history of deception, and the consequences have ranged from financial losses to devastating human costs: 

• In 2015 Volkswagen deliberately deceived regulators by cheating on emissions tests, making their cars appear more eco-friendly than they were. The scandal led to billions in fines, lawsuits, recalls, and a massive loss of consumer trust. 

• Boeing hid critical safety flaws in the 737 Max’s flight control system leading to two deadly crashes that killed 346 people. Boeing paid billions in settlements and fines, executives faced criminal charges.  

• Who wasn’t hooked on the rise and fall of Elizabeth Holmes’ Theranos?  The biotech empire claimed to have developed revolutionary blood-testing technology requiring just a few drops of blood. It didn’t work. Holmes and her partner were convicted of fraud, the company collapsed, and investors lost hundreds of millions. 

• And Johnson & Johnson (again) knowingly sold baby powder and other talc-based products despite internal reports confirming the presence of asbestos, a known carcinogen. The result? Billions in lawsuits and heartbreaking cases of consumers developing cancer. 

• Subway’s “Footlong” Fiasco hardly deserves a mention compared to the tragedies above, but an 11-inch sandwich instead of a footlong is misleading, and Subway faced class-action lawsuits and was forced to change its practices. 

This recent scandal sparked spirited debate. Some argued it’s no different than buying a beauty cream— "buying hope in a jar." 

Well, I’m not buying that. 

Any product marketed as a medicine must go through rigorous, costly, and extensive testing before it can be sold. As one of the founding shareholders in Calocurb— a 100% natural dietary supplement to support weight management goals, I’m familiar with what it takes to bring a legitimate product to market. Not only does it have to be proven safe (GRAS-certified), but it also has to prove efficacy.  Natural products are often tarred with a ‘snake oil’ label, however all claims that are made on the product must be able to be substantiated by historical usage or clinical trial. Hence 14 years and $30 million spent on research to ensure the claims are legitimate, allows Calocurb to not only advertise but also sell through the practitioner channel.  

So, if a small, homegrown (but fast-growing!) natural product from New Zealand has to jump through hoops to prove it works, how the hell did Codral skate by for years? 

But the bottom line is when big brands often push ethical boundaries in relentless pursuit of profit they have to be held to account.  And if you are one of the ones duped into “soldiering on,” join the class action and use your voice. Because when consumers stand together, brands are forced to listen. 

And shameless plug: Calocurb activates GLP-1 naturally—think of it as nature’s answer to Ozempic.  

Join the Johnson & Johnson Cold and Flu Class action here: https://coldandfluclassaction.co.nz/