On 26 March 2026, the High Court gave a judgment in Gielen & Wyatt v Johnson & Johnson (New Zealand) Limited & Ors. The judgment granted the plaintiff representative orders that will allow the action to proceed as an opt-out class action, with a common fund order now in place.
Bankside commercial barristers Jason Goodall KC, Lauren Lindsay, and Josh Suyker have been instructed by JGA Saddler to represent the claimants, in what is expected to be New Zealand’s largest class action by size of the class.
Commenced on 13 February 2025, the representative plaintiffs allege that Johnson & Johnson (New Zealand) Limited, JNTL Consumer Health (New Zealand) Limited and Johnson & Johnson Pacific Pty Limited (J&J) sold nasal decongestant medicines containing phenylephrine (PE) that were ineffective when taken orally.
The Class
The lawsuit covers purchases of certain Codral, Sudafed and Benadryl products between 2005 and 2025. Omni Bridgeway is funding the case and has agreed to meet any adverse legal costs that may be awarded if the claim does not succeed.
Background
The defendants are part of a global pharmaceutical conglomerate that operates in New Zealand and Australia.
The claim alleges that the defendants manufacture and distribute over-the-counter cold and flu medicines containing PE, an active ingredient commonly used in decongestant products, which are marketed for the relief of sinus symptoms associated with colds and flu.
In 2024, the United States Food and Drug Administration (FDA) proposed a ban on oral PE as an active ingredient in over-the-counter medicines, following a review that found it to be ineffective for the temporary relief of nasal congestion.
Class Actions at Bankside
Many of New Zealand’s complex disputes, including class actions have been handled by Bankside barristers.
Philip Skelton KC, Kelly Quinn KC, and Carter Pearce represented more than 3,000 homeowners in the landmark Southern Response class action lawsuit which resulted in New Zealand’s first opt-out order, successfully obtained in the Court of Appeal and upheld by the Supreme Court.
Jason Goodall KC and Bridgette White are currently defending 24 Toyota dealers in the ongoing class action lawsuit against the dealers and Toyota. Bankside barrister Tom Weston KC acts for Toyota New Zealand.
See all Bankside barristers who specialise in class actions.
Further Reading
Stuff, 1 April 2026
Consumer NZ, 31 March 2026
RNZ, 13 February 2025
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