When you add artificial ingredients to a product you claim was manufactured with 100% natural ingredients, you set your company up for class action litigation. John & Johnson Consumer Companies discovered this by agreeing to a class action settlement that punishes the multinational corporation for making false claims about its Aveeno Active Naturals products.
Primary plaintiff Michael Goldemberg filed the original class action lawsuit in May of 2013. Goldemberg alleges Johnson and Johnson Consumer Companies mislead consumers into believing the Aveeno Active Naturals line of products contained 100% natural ingredients. In fact, several tests conducted during the class action lawsuit uncovered several types of artificial ingredients. Goldemberg asserted Johnson & Johnson unjustly benefited financially from the 100% natural ingredients claim by charging premium prices for Aveeno Active Naturals products. Plaintiffs also charge Johnson & Johnson with introducing artificial ingredients that trigger skin allergies.
A New York federal judge created a class of eligible consumers on Oct5ober 4, 2016. Johnson & Johnson Consumer Companies denies all of the allegations listed in the class action lawsuit. However, the company agreed to the class action settlement to avoid the uncertainty of a civil court decision, as well as the costs of prolonged litigation. The class action settlement covers Aveeno Active Naturals products and Aveeno baby lotion, as well as Aveeno body wash, sunblock, shampoo, and hair conditioner.
What You Need To Know
According to class counsel, eligible class members include “anyone who purchased at least one of the covered products in the United States from May 7, 2007 through June 13, 2017.” The class action website www.AveenoActiveNaturalsSettlement.com presents a list of all the Aveeno Active Naturals products covered in the class action settlement. Eligible class members have until September 27, 2017 to opt out of the class action settlement or contest any part of the agreement.
The potential award for class members is $2.50 for every covered product purchased within the period that defines class member eligibility. Eligible class members should be aware that the award determination uses a pro rate adjustment to account for additional class members. No proof of purchase is required, but the lack of a proof of purchase limits cash awards to $50 per class member. The deadline for filing a valid claim form is February 4, 2018.
Goldemberg v. Johnson & Johnson Consumer Companies Inc., Case No. 7:13-cv-03073-NSR-LMS, in the U.S. District Court for the Southern District of New York has a final hearing scheduled on October 27, 2017. Class counsel includes Todd S. Garber of Finkelstein Blankinship Frei-Pearson & Garber LLP and Kim E. Richman who represents the Richman Law Group. The defense counsel for Johnson & Johnson Consumer Companies comprises Harold P Weinberger of Kramer Levin Naftalis & Frankel LLP.
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