Aveeno Class Action Lawsuit Over ‘Natural’ Claims Moves Forward

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Plaintiffs can move forward with a class action lawsuit accusing Johnson & Johnson of deceptively advertising its “Aveeno Active Naturals” products as “natural,” even though they contained a number of synthetic chemicals.

In a ruling issued March 27, New York federal judge Nelson S. Roman refused to dismiss the Aveeno class action lawsuit, despite Johnson & Johnson’s claims that the consumers should have assumed that the label term “Aveeno Active Naturals” only referred to a few ingredients, and that to assume a cosmetic did not include synthetic ingredients was to “disregard ‘well-known facts of life.'”

J&J argued that “it is unreasonable to assume each Aveeno product contains exclusively natural ingredients when its labeling affirmatively identifies its one or two natural ingredients as well as the synthetic ingredients,” but in his decision, Judge Roman wrote, “although ‘the presence of a disclaimer or other clarifying language may defeat a claim of deception,’… the Court cannot hold as a matter of law that the product labels are not misleading to a reasonable consumer.”

Judge Roman did not, however, uphold the unjust enrichment claim in the Aveeno class action lawsuit, on the basis that it was simply duplicating or replacing a conventional contract or tort claim. He wrote, “if in New York courts the instant claim for unjust enrichment would be unavailable—as here, where Plaintiff simply restates elements of other claims—it must equally be unavailable in the Federal courts.”

Aveeno Active Naturals products contain a number of synthetic ingredients, including glycerine, cetyl alcohol and sodium hydroxide. On the company’s web site, Judge Roman wrote, Johnson & Johnson “focuses exclusively on the natural ingredients found in Aveeno products and the Facebook page touts the ‘power’ of nature.” As a result, he went on, “the Court cannot find as a matter of law that no reasonable consumer could be misled by these advertisements into believing the products contain exclusively natural ingredients.”

Johnson & Johnson attempted to claim that lead plaintiff Michael Goldemberg’s statements that he paid a premium price, without factual evidence to back this up, were insufficient proof of his injury. Judge Roman dismissed this claim, allowing the Aveeno class action lawsuit to go forward.

Goldemberg filed the Aveeno Active Naturals class action lawsuit in May 2013 after he purchased six Aveeno Active Naturals products: Creamy Moisturizing Oil with Natural Colloidal Oatmeal and Pure Oat Oil, Therapeutic Shave Gel with Natural Colloidal Oatmeal, Positively Smooth Shave Gel with Natural Soy, Positively Nourishing Comforting Whipped Souffle, Nourish+Moisture Shampoo, and Nourish+Moisture Conditioner. He alleged that he wanted natural care products and paid a premium because the label led him to believe the products had no synthetic or chemical ingredients.

Goldemberg seeks to represent all consumers “similarly situated” who purchased Aveeno Active Naturals products in New York during the applicable limitations period. Now that the unjust enrichment claims have been dismissed, the class action lawsuit will be seeking damages on breach of express warranty and violations of state business law.

Goldemberg is represented by Jeremiah L. Frei-Pearson and Todd S. Garber of Meiselman Packman Nealon Scialabba & Baker PC and Michael R. Reese and Kim E. Richman of Reese Richman LLP.

The Aveeno Active Naturals False Advertising Class Action Lawsuit case is Goldemberg v. Johnson & Johnson Consumer Cos. Inc., Case No. 7:13-cv-03073, in the U.S. District Court for the Southern District of New York.

UPDATE: On Oct. 4, 2016, a federal judge granted class certification for three states’ worth of Class Members in this Aveeno Active Naturals class action lawsuit.

UPDATE 2: On May 26, 2017, Johnson & Johnson agreed to pay $6.75 million to settle a class action lawsuit alleging it deceptively marketed its Aveeno Active Naturals line.

UPDATE 3: The Aveeno Active Naturals Class Action Settlement is now open! Click here to file a claim.

UPDATE 4: On Dec. 4, 2018, Top Class Action readers started to receive settlement checks worth as much as $168 from an Aveeno Naturals class action settlement.