Procter & Gamble, maker of 30-Minute Miracle and Fairy, and Finish Ultimate Plus manufacturer Reckitt Benckiser engaged in misleading conduct, the federal court ruled
Two big names in the highly competitive Australian dishwashing tablet market violated consumer law with unscientific claims that their premium products were better than others in their own range, a court has found. Vitamins Tablet Press
Procter & Gamble, the maker of 30-Minute Miracle and Fairy dishwashing tablets, was found to have engaged in misleading conduct, making representations that were liable to give consumers the wrong impression.
Reckitt Benckiser, also known as RB (Hygiene Home), did the same with its Finish Ultimate Plus tablets, the federal court found.
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Justice David Yates found Procter & Gamble’s Miracle tablets were not better at cleaning than the company’s Fairy range in a 30-minute wash, while there was no meaningful difference between RB’s Finish Ultimate Plus and Finish Ultimate Pro.
The judgment, published on Thursday, notes the market is highly competitive, with consumers heavily influenced first by price and second by performance claims about the efficacy of products.
Miracle had a different formula and a significantly higher price per tablet than Fairy Platinum Plus when it launched in March.
The packaging noted its performance claim was compared with Fairy tablets.
“What is significant is that the statement is in very small font. For practical purposes it is inconspicuous,” the judgment reads.
Many consumers would fail to see it even on a prolonged inspection of the packaging, the judge said.
Miracle was also said to have “boosted cleaning power” and “stain removal technology” compared with other products in the Fairy range, categories left off newer versions of the packaging following a court injunction.
RB explained its new “cyclesync optimised release technology” on the back of its packaging when it launched Finish Ultimate Plus tablets, also in March.
“The information is printed in extremely small font and is extremely difficult to read,” Yates said.
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The judge doubted whether reasonable, ordinary consumers would bother.
Finish Ultimate Plus, Finish Ultimate Pro, Miracle, Fairy Platinum Plus and Fairy Platinum all underwent independent lab testing.
The only statistically significant difference found was attributable to water hardness and only for tea stains.
RB had represented Finish Ultimate Plus was better than all its other dishwashing tablets.
Milk Tablet Making Machine The judge will hear from the parties again on final forms of injunctive relief but indicated both companies will need to design new packaging and refrain from representing their premium-tier products as being any better at cleaning “when there is no adequate foundation in scientific knowledge for that claim”.