Johnson & Johnson Agrees to $5 Million Settlement in Baby Bedtime Class ActionApr 7, 2017
Health care giant Johnson & Johnson has agreed to pay $5 million to settle claims that the company falsely advertised its bedtime baby products as "clinically proven" to help babies sleep better.
If the settlement is granted final approval, it will resolve claims from four class action lawsuits filed by parents who say that based on the marketing claims thy paid more for the Johnson & Johnson "bedtime" products than they would have paid for other soaps and lotions.
Plaintiffs say they bought the bedtime products and followed "the 3-step nightly routine" recommended by Johnson & Johnson "for a period of time" with their children, but found that the products "did not help [their] babies sleep any better." And some parents have commented that the products even dried out or irritated their babies' skin.
The attorneys at Parker Waichman have many years' experience working to help consumers recover money from manufacturers who make false or unproven claims about their products.
According to the class action lawsuits, Johnson & Johnson "knew or should have known, at the time it began selling the products, that there are no studies showing that the bedtime products are clinically proven to provide any results and [Johnson & Johnson] has no basis to make the claims about its products."
Products covered in the settlement include Johnson's Bedtime Baby Bath, Johnson's Bedtime Baby Lotion, Johnson's Bedtime Baby Moisture Wash, Johnson's Baby Bedtime Baby Washcloths, and Johnson's Bedtime Baby Bubble Bath & Wash.
The Johnson & Johnson class action settlement will award $3 per product. Class members without a proof of purchase may be awarded up to $15. Those who include a receipt with their claim form are expected to receive up to $30 from the class action settlement.
If any money remains in the $5 million settlement fund after paying all claimants and litigation expenses, the remainder will be donated to the Nurse Family Partnership and Newborns in Need.
According to the baby product class action settlement agreement, Johnson & Johnson will continue to be allowed to use promotional language that stating that the bedtime routine with the products "helps baby fall asleep faster and stay asleep longer" or similar language about the routine, alongside any clinically proven language.
Johnson & Johnson strongly denied the allegations in the class action but agreed to settle the class action lawsuits to avoid the cost and burden of ongoing litigation.
Who is Eligible?
Johnson & Johnson settlement Class Members include all consumers who bought one or more of the following "bedtime" products within the U.S., the District of Columbia or U.S. territories including Puerto Rico, Guam and Virgin Islands between or any July 1, 2010 and Aug. 31, 2016:
- Johnson's Bedtime Baby Bath
- Johnson's Bedtime Baby Lotion
- Johnson's Bedtime Baby Moisture Wash
- Johnson's Baby Bedtime Washcloths
- Johnson's Bedtime Baby Bubble Bath & Wash
Products covered under the settlement must have been labeled (or advertised) as "clinically proven" to help a baby sleep better or to be used as part of a "bedtime" and/or "nighttime" routine.
Under the terms of the class action settlement, class members who submit a valid and timely claim form can receive $3 per product for five covered products without proof of purchase. Consumers who submit a proof of purchase along with the claim form can claim up to 10 products for a total of $30. Claims must be postmarked by April 28, 2017. The amount of the awards may be adjusted depending on the total number of claims approved.
A proof of purchase is defined in the settlement as "a receipt or other documentation from a third-party reasonably establishing the fact and date of purchase of a Covered Product during the Class Period."
If You Purchased Johnson's Baby Bedtime Products
If you purchased Johnson's Baby Bedtime products, Parker Waichman can advise you about claiming money under the settlement. To reach the firm, fill out the contact form or call 1-800-YOURLAWYER (1-800-968-7529).