Johnson & Johnson have agreed to pay $5 million to settle accusations that the company falsely advertised its baby bedtime products as “clinically proven” to help babies sleep better.
If granted final approval, the baby product class action settlement will resolve claims from four class action lawsuits lawsuits filed by parents who alleged that they paid more for the Johnson’s “bedtime” products over other soaps and lotions based on the marketing claims.
The 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 the personal care items “did not help [their] babies sleep any better.”
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® 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 advertising and marketing language that states that the “routine helps baby fall asleep faster and stay asleep longer” or similar language regarding the routine, alongside any clinically proven language.
Johnson & Johnson strongly denied all of the allegations but agreed to settle the class action lawsuits to avoid the cost and burden of ongoing litigation.
Class Members who want to object to or exclude themselves from the terms of the settlement must do so by Dec. 19, 2016.
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 any U.S. territories, including Puerto Rico, Guam and the Virgin Islands between 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
The covered products 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.
up to $30.
According to 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. Those who are able to submit a proof of purchase along with their Claim Form can claim up to 10 products for a total of $30.
Note: These awards may be adjusted pro rata, depending on the total number of claims approved.
Proof of Purchase
Class Members who want to claim more than five covered products, must submit a proof of purchase along with their Claim Form. 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.”
Claim Form Deadline
Stephanie Leiner v. Johnson & Johnson Consumer Companies Inc., Case No. 1:15-cv-05876, in the U.S. District Court for the Northern District of Illinois.
The parties in the following three cases have moved to stay their lawsuits pending final judgment on this settlement: Jacqueline Real v. Johnson & Johnson Consumer Companies Inc., Case No. 2:15-cv-05025, in U.S. District Court for the Central District of California; Jinette Hidalgo v. Johnson & Johnson Consumer Companies Inc., Case No. 1:15-cv-05199, in the U.S. District Court of the Southern District of New York; and Jillian Gallagher, et al. v. Johnson & Johnson Consumer Cos. Inc., Case No. 1:15-cv-06163, in the U.S. District Court for the District of New Jersey.
Baby Bedtime Settlement
c/o Dahl Administration
P.O. Box 3614
Minneapolis, MN 55403-0614
Toll Free: 1-855-271-7182
SHEPHERD, FINKELMAN, MILLER & SHAH LLP
CARLTON FIELDS JORDEN BURT LLP
SIDLEY AUSTIN LLP