Infant Tylenol Settlement: Are You Eligible to Claim Damages? 

If you’ve ever had a feverish little one to take care of, you probably know that there’s a difference between Children’s Tylenol and Infants’ Tylenol. However, you may not know that the difference is mainly in the cost. Consumers have now filed an Infants’ Tylenol class action against Johnson and Johnson Services Inc. (J&J) alleging the company knowingly misled consumers into believing that Infants’ Tylenol is specifically formulated to treat infants while Children’s Tylenol is not. In truth, the concentration of the active ingredient in both of these medicines is exactly the same. An Infants’ Tylenol settlement has been reached in favor of the plaintiffs and includes compensation for consumers and a promise to adjust labeling.

According to National Public Radio (NPR), both Infants’ and Children’s Tylenol contain 160 milligrams of acetaminophen per 5 milliliters of liquid. Despite this, the infant version costs roughly three times as much. 

If you intend to file a claim in the Tylenol settlement, you have until April 13, 2020 to file. This is also the deadline to request exclusion from the class action. If you aren’t satisfied with the settlement, you have until May 26 to submit an objection.

Infant Tylenol Deceptive Pricing

The deceptive pricing of Infants’ Tylenol actually has a long history. When Infants’ and Children’s Tylenol were first sold as separate medicines, they actually did have different concentrations of acetaminophen. NPR reports that Infants’ Tylenol had a higher concentration of the active ingredient in order to allow parents to give the infant less liquid medicine to drink. At that time, it made sense to charge more for the more concentrated medicine.

However, this difference in concentration meant different dosages, something which gave parents significant trouble. Parents were mistakenly giving their infants too much Tylenol, and many babies got sick — some even died. In order to simplify dosing, the concentration of Infants’ Tylenol was lowered to match the children’s version.

Despite the fact that the drugs were now the same, the prices remained different. Usually, Infants’ Tylenol has a significantly higher price tag than Children’s. When they are the same or nearly the same price, the bottle of Infants’ Tylenol is generally significantly smaller than that of the Children’s Tylenol. The Tylenol settlement includes a promise from J&J to “use reasonably diligent efforts to modify the packaging of Infants’ Tylenol and commit to educating and informing consumers”.

What Is the Johnson & Johnson Tylenol Settlement 2020?

The Johnson & Johnson Tylenol Settlement was reached in early January of 2020 as a culmination of the Elkies v. Johnson & Johnson Services Inc. class action lawsuit. Plaintiff Rony Elkies alleged that J&J utilized “negligent and intentional misrepresentation” to convince consumers that Infants’ Tylenol was produced for a “particular purpose”, i.e. the purpose of treating infants specifically.

The suit claims that the name of the drug as well as the “image of a mother holding her baby” on the packaging of J&J’s Infants’ Tylenol constitutes false and misleading advertising because it implies the drug is somehow different than Children’s Tylenol.

The Tylenol Settlement was reached in Elkies v. Johnson & Johnson Services Inc., case number 2:17-CV-7320-GW (JEMx).

Filing an Infant Tylenol Settlement Claim Form

If you purchased Infant’s Tylenol between Oct. 3, 2014 and Jan. 6, 2020, you may be eligible for compensation from the Tylenol settlement. To file a claim, it’s best if you have proof of purchase, but it isn’t required. You can claim up to seven purchases without proof of purchase. Class members can claim $2.15 for each one and two fl. oz. bottle of Infant’s Tylenol you purchased. A maximum of $15.05 can be claimed by class members with no proof of purchase.

To complete an Infants’ Tylenol Settlement Claim Form, you only need a handful of basic information. You will need to provide your name, address, and the number and type of Infants’ Tylenol you purchased. There is an option to provide proof of every purchase, some purchases, or none. There is an online form as well as a downloadable form you can submit via the mail.

How to Join a Tylenol Class Action Settlement

To join a Tylenol Class Action Settlement, you will need to file a claim. Anyone who purchased Infants’ Tylenol in the specified time period is eligible to submit a claim, assuming they aren’t affiliated with J&J in any way. There is a fund of $6.325 million paid by J&J from which compensation for consumers can be drawn. This fund also covers the cost of attorneys and the court. If you would prefer, you can hire your own legal representation. There is no need to attend the hearing for the court’s approval of the settlement on June 22, 2020. You have until April 13, 2020 to file a claim.

Join a Free Infant Acetaminophen Class Action Lawsuit Investigation

If you purchased acetaminophen marketed specifically for infants, you may qualify to join an infant acetaminophen class action lawsuit investigation.

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This article is not legal advice. It is presented
for informational purposes only.