J&J Reaches $5M Settlement in Bed and Bath Class Action Lawsuit

Consumer Fraud Class Action Lawsuit Alleges False Advertising

Johnson & Johnson has agreed to pay $5 million to settle a consumer fraud class action lawsuit alleging that the company engaged in false advertising with regards to its bedtime bath products. These products claim to help babies sleep better, but plaintiffs in the litigation allege that these marketing claims have no real basis.

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.

According to court records, Johnson & Johnson is seeking final approval of the consumer fraud class action settlement. If granted approval, the settlement would resolve allegations that J&J falsely advertised its baby bedtime bath products as “clinically proven” to help babies sleep better. The lawsuits are filed on behalf of parents who purchased J&J bed and bath products, who allege paying more for these products because they believed they would help their children sleep more easily.

Plaintiffs allege that they adhered to the “3-step nightly routine” as directed, but the products allegedly did not help their babies sleep better. Court records indicate that several class action lawsuits were filed with these allegations.

The complaints alleged 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.”
The class action complaints included the following 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 class includes consumers who bought J&J bedtime products for home use in the United States or US territories from July 1, 2010 through August 31, 2016.

J&J agreed to the settlement without admitting fault. According to court documents, the company urged an Illinois federal judge to approve the $5 million settlement.

Other Consumer Fraud Class Action lawsuits

What are the grounds for filing a consumer fraud class action lawsuit? Consumers can sue businesses for engaging in unfair and illegal business practices. The J&J bed and bath class action lawsuit alleged false advertising, but other examples may include bait and switch marketing, phony disclosure and charging for services never rendered. Consumer class action lawsuits typically alleged that a business deceived the consumer in some way, prompting them to purchase a product under false pretenses. Many class action lawsuits allege, for example, that a consumer paid extra for a product based on false marketing claims.

Consumers are not the only ones affected by fraudulent business practices. These illegal activities also negatively impact businesses who act ethically by undermining them; companies who engage in fraudulent business practices give themselves an unfair advantage. Filing a consumer class action lawsuit can obtain compensation for affected consumers, but it also enforces that unfair business practices have legal consequences, discouraging this type of behavior in the future.

A class action lawsuit is one lawsuit that represents a group of plaintiffs (a class). The plaintiffs have the same allegations against a common defendant. The plaintiffs all allege that they were injured or wronged by the defendant in the same way. A single class action lawsuit represents all class members, whether they are aware of this or not.

Numerous class action lawsuits are filed for various reasons and products. Herb Thyme Farms, Inc. is facing a class action lawsuit alleging that it falsely labels its food products as organic. The lawsuit alleges that, despite the label, the company does not grow its food organically. A California Supreme Court upheld the suit in court, allowing it to proceed.

Consumer fraud class action lawsuits are also filed when a product fails to meet reasonable expectations, or does not contain what is written on the label. The herbal supplement industry, for instance, has come under scrutiny after testing showed that these products do not contain what is listed on the label. Testing found that herbal supplements sold by GNC, Target, Walgreens and Wal-Mart do not contain ingredients listed on the label. In response to this, New York Attorney General Eric T. Schneiderman ordered the retailers to stop selling the products in 2015.

“Contamination, substitution and falsely labeling herbal products constitute deceptive business practices and, more importantly, present considerable health risks for consumers,” the state AG said.

The label on the herbal supplements listed ingredients such as echinacea, garlic, gingko biloba, ginseng, saw palmetto, St. John’s wort, and valerian root. According to the New York Times, however, only five out of 24 tested products contained DNA matching the label. For the remaining products, the DNA was from a different plant or unrecognizable. Not only is the false labeling misleading, it is also dangerous because some products contained undeclared allergens. For instance, five products contained wheat but did not disclose this on the label. Exposure to an allergen can cause a severe, life-threatening reaction known as anaphylaxis in some individuals.
CVS is also facing a proposed class action lawsuit over a homeopathic flu remedy, sold as CVS Flu Relief. The product claimed to treat fever, aches, pains and chills and listed Anas Barbariae as an ingredient. Anas Barbariae is made of duck hearts and liver.

The proposed class action lawsuit alleges that Anas Barbariae is diluted to the point where there the end product is essentially a sugar pill. According to the complaint, the product is made by taking a one percent solution of Anas Barbariae and diluting it with 99 percent distilled water; one percent of this mixture is then diluted again 99 percent distilled water. Plaintiffs allege that this process is repeated 200 times, creating a product that essentially does not contain Anas Barbariae.

“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,” the suit states.

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).

from Parker Waichman http://www.yourlawyer.com/blog/19718-2/