Class Action Over Burning, Irritation Caused by Neutrogena Wipes Survives Dismissal

A New Jersey federal judge refused to toss a class action lawsuit contending that Neutrogena facial wipes caused burning and irritation in an order issued Friday.  

Neutrogena and parent company Johnson & Johnson (J&J) argued that the class action lawsuit was barred under federal law. U.S. District Judge Freda L. Wolfson knocked down most of the manufacturers’ arguments in a May 28 order.  

Judge Wolfson noted in her order that the Food, Drug, and Cosmetic Act (FDCA), in addition to state product liability laws, prohibits the misrepresentation of cosmetics, such as Neutrogena facial wipes.  

J&J argued the FDCA provisions barred the state law claims made in the Neutrogena towelette irritation class action lawsuit; however, the judge rejected this contention, finding that the company had “overlooked” a provision stating “[n]othing in this section shall be construed to modify or otherwise affect any action or the liability of any person under the product liability law of any state.” 

“Contrary to JJCI’s assertion, the FDCA does not amount to an absolute bar to plaintiffs’ state products liability claims in this context. In fact, Congress, through [Section] 379s(d)’s savings clause, expressly preserved state product liability actions involving cosmetics,” stated Judge Wolfson in her order.  

In addition, Judge Wolfson preserved the plaintiffs’ claims that Neutrogena and J&J had a duty to warn them of even rare and unusual reactions to the wipes. Further, the judge found that a company-issued refund for the product was not a reason to dismiss the class action.  

Lead plaintiff Jaimie Potts originally filed the Neutrogena wipes class action lawsuit in California federal court in April 2020 after her daughter developed a rash, peeling skin, and a burning sensation from using the towelettes, even though she used them correctly. Potts alleged that J&J had misrepresented these products as safe. 

Months later, several other plaintiffs joined the class action lawsuit, claiming they experienced burning or irritation after using Neutrogena cleansing towelette products. The claims were moved to New Jersey federal court. 

The Neutrogena wipes class action lawsuit was trimmed of its California, Florida New Jersey, and New York state law claims, along with its negligent omission and unjust enrichment claims. The plaintiffs will be allowed to submit an amended complaint to salvage come of those claims. 

Have you used Neutrogena wipes? Have you experienced any problems with burning or irritation? Tell us about it in the comment section below! 

The lead plaintiffs are represented by John J. Nelson and Keia J. Atkinson of Finkelstein & Krinsk LLP and Nicholas Conlon of Brown LLC. 

The Neutrogena Wipes Class Action Lawsuit is Potts v. Johnson & Johnson Consumer Inc., Case No. 3:20-cv-10406, in the U.S. District Court for the District of New Jersey. 

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