J&J Sued Over Baby Bedtime Bath Products
Johnson & Johnson will pay $5 million to settle a consumer fraud class action lawsuit. The company is accused of falsely marketing its baby bedtime bath products as “clinically proven” to help babies sleep better, despite a lack of actual evidence for this claim, the suit alleges. The settlement covers the following bedtime products: JOHNSON’S® BEDTIME® Baby Bath, JOHNSON’S® BEDTIME® Baby Lotion, JOHNSON’S® BEDTIME® Baby Moisture Wash, JOHNSON’S® Baby BEDTIME® Washcloths, and JOHNSON’S® BEDTIME® Baby Bubble Bath & Wash.
The product liability attorneys at Parker Waichman LLP have decades of experience representing consumers in lawsuits over allegedly defective or dangerous products. The firm continues to offer free legal consultations to individuals with questions about filing a consumer fraud class action lawsuit.
The class action lawsuit is filed on behalf of parents who paid extra for J&J bedtime products under the premise that they would help babies sleep more easily. Plaintiffs say they followed the “3-step nightly routine” as instructed but ultimately the products did not help babies sleep any better.
The complaint alleges that J&J “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.”
J&J has agreed to pay $3 per product. Under the terms of the settlement, class members can receive up to $15 without proof of purchase and up to $30 for class members who have proof of purchase.
Any remaining funds from the $5 million settlement will be donated to the Nurse Family Partnership and Newborns in Need.
Under the terms of the settlement, J&J can continue to claim that its “routine helps baby fall asleep faster and stay asleep longer” or similar language. However, the company can no longer use the phrase “clinically proven.”
J&J denied all the allegations in the lawsuit.
The settlement includes all consumers in the United States, District of Columbia, or U.S. territories such as Puerto Rico, Guam and the Virgin Islands. Eligible consumers must have bought the products between Jul. 1, 2010 and Aug. 31, 2016. The products covered in the settlement must have been labeled or marketed as “clinically proven” to help babies sleep better or to be used as part of a “bedtime” or “nighttime” routine.
What is a Consumer Fraud Class Action Lawsuit?
A consumer fraud class action lawsuit is filed when a company engages in allegedly unfair and illegal business practices. In these lawsuits, plaintiffs typically allege being deceived in some manner, causing economic damage. For example, a consumer fraud lawsuit may be filed over false advertising, bait and switch marketing, phony disclosure and charging for services never rendered.
A class action is when one lawsuit represents a group of plaintiffs against a common defendant. The plaintiff class allege being wronged in the same manner. In the J&J bedtime bath product lawsuit, for example, plaintiffs commonly allege that J&J intentionally misled consumers through its false advertising.
Other consumer class action lawsuits have also been filed over allegedly unfair or deceptive business practices. For example, Herb Thyme Farms, Inc. has been sued over its “organic” label. The class action lawsuit alleges that the label is false, claiming that its foods are grown conventionally.
CVS was also named in a class action lawsuit involving its CVS Flu Relief, marketed as a homeopathic flu remedy containing the ingredient Anas Barbariae. According to the lawsuit, Anas Barbariae (an ingredient that contains duck hearts and liver) is diluted to the point where the end product is essentially a sugar pill. The complaint states that a one percent solution of Anas Barbariae is diluted in 99 percent distilled water, and this mixture subsequently diluted again in 99 percent distilled water. The lawsuit alleges that this process is repeated 200 times.
“Based upon basic principles of chemistry, the possibility of there being even one molecule of the original Anas Barbariae in one of the Defendant’s product, let alone all of the doses it has sold and will sell during the class period, is a number beyond the known physical realm,” according to the complaint.
Filing a Consumer Fraud Class Action Lawsuit
If you or someone you know is interested in filing a consumer fraud class action lawsuit, contact Parker Waichman today. Our experienced product liability attorneys offer free, no-obligation case evaluations. For more information, fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529).