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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. US District Judge Freda L. Wolfson knocked down most of the manufactures’ arguments in a May 28 order.
Judge Wolfson noted in her order that the Food, Drug, and Cosmetic Act (FDCA), in addition to state products liability laws, prohibits the misrepresentation of cosmetics, such as Neutrogena facial wipes.
J&J argued that the FDCA provisions barred the state law claims made in the 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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100 thoughts onClass Action Over Burning, Irritation Caused by Neutrogena Wipes Survives Dismissal
I have used Neutrogena oil free gentle eye make up remover and also the Neutrogena cleaning wipes for years. This last month February-March 2024 has been a nightmare. I woke up with burning red patches all over my face and my eyes were swollen and puffy. I havnt changed or bought any new products so I couldnt figure out what the cause was. I changed laundry detergent and spent the week using aloe and antihistamines. My skin was dry red and peeled horribly but eventually started to heal enough so I could wear make up to cover the red patches. After using the wipes to remove the makeup it happened AGAIN! This time I consulted a dermatologist and he agreed it was definitely an allergic reaction to something. He perscribed prednisone. At first the burning was so painful for three days I sat home using ice packs and then the dryness and peeling was horrible. Still I didn’t think it was the wipes since I had been using them for so long. I threw away all of my make up and brushes and bought all new. It took a while to heal but eventually it did and I used the new make up and AGAIN woke up with horrible burning and swollen eye lids! This time I thought maybe the cause was my moisturizer and facial wash so I replaced them. After several more attempts and eliminating and replacing products I have FINALLY discovered the cause is Neutrogena wipes and the general eye make up remover. I am completly shocked and disappointed this hasn’t been reported on the news and removed from the shelves. The burning, swollen eyes, red hives, peeling and eventual tightness and dry patches have been horrible. I just hope my skin will heal without scaring. I will never use Neutrogena products again.
My eyelids, especially the outer corners of my eyes are burnt from using the hydro boost makeup remover towelettes.
On February 29th 2024, I bought the Neutrogena hyaluronic acid hydro boost makeup remover wipes and immediately after I began removing my eye makeup, my eyes began to burn really bad. I ran to wash it off and my skin still felt tingly. The next morning my eyes were severely swollen with under eye bags and felt so dry. I couldn’t use water on my face without it burning so bad. It felt like sandpaper under my eyes. I tried lotions and hydrating creams but they burned too. My under eyes and down to my cheeks today feels so horrible like sand. I used ice to try helping but so far only Vaseline can be put on my face without burning. I can’t wear anything else. These wipes are horrible and I might have to go to the doctor to help fix my skin.
Just figured out it was the Neutrogena makeup remover towelettes which caused inflammation on my eyelids along with flaking & itching.
I stopped using all beauty products & eyelids got better. However, after using the remover towelettes again, the problem returned.
I used neutrogena makeup wipe remover and it burned the skin under my eye and has left it swollen. Day 3 has not changed. However has left area feeling like sand paper.
Hello, I used these wipes to remove makeup on my eyes and immediately felt it burning my skin below my eyes. It has been almost a week and I have red blotches all over my cheeks, my eyes are swollen both to and bottom. My skin is peeling and I am having trouble seeing bc my eyes are swollen, esp in the morning when I wake up. I am devastated. I don’t want to go out or ever leave the house. Nothing seems to work to heal my face. Ive tried cool packs, Vaseline, aloe vera. Please include me in this claim.
April of 2022 i developed a burning skin burn under my eyes and on my eyelids. Never thought it could be the nutragena wipes but that was it. It took months for me to clear it up. Had to use expensive balms to get better. The thin skin around the eyes was so bad. Finally figured it was the wipes. I believe due to the supply shortages the ingredients had to changed. I will never use this product ever again. Or any other nutragena products.