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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. 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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100 thoughts onClass Action Over Burning, Irritation Caused by Neutrogena Wipes Survives Dismissal
I have not purchased in years due to my face breaking out in Red blotches/burns the last few times I used the product. In 2018,2019,2020 they treated me great, but come end of 2020 into 2021 they were awful to my skin
I used it once because I was out of my normal cleanser thought they were great loved the smell the next morning my nose was really red later that afternoon my daughter took me to a local clinic because it had spread over my whole face they said it was an allergic reaction gave a shot and me home.
The next day my whole face was red and blistering with 103.5 fever went to emergency room was admitted to the hospital am still there after three days and they say I have many days left !
Add me to the list I have pictures from day one .
I used Neutrogena makeup remover towelettes & micellar cleansing jelly.
I have broken out wit several red rashes on my neck. Painful & itch.
I used Neutrogena makeup remover towelettes & micellar cleansing jelly.
I have broken out wit several red rashes on my neck. Painful & itch.
Please add me. The newer and “better” ones gave me chemical burns. I have pictures.
I used only one time. Face so incredibly dry!! Flaking off skin! ..Rash. Burning, itchy. I take excellent care if my skin, I wish I never used this product. It should absolutely not be sold at all!! I feel so ugly because of what this did to me. I know it will go away eventually, but in the meantime, it is agony to live like this.
Im experiencing the same red rash. It wasnt until the formula changed to the plant based ones. I never had this with the old ones.
I am having a severe reaction from the Neutrgena make up remover wipes. Red blotches, eyes swollen, tear ducts are inflamed and itching so intensive and under my eyes my soon looks burned! Has to go to ER. Very bad product! I don’t know what’s happened. I have been using this product for years and purchase it in bulk from Costco. NO MORE ever!!!! I feel awful and have been down 3 days now.
Yes really bad I just purchased this on February 28 today is March 1 and I have the only rash in my face swollen eyes it looks like my face got burnt! I have pictures to show you I am so upset!
I am a nurse and work directly with Covid patients. I was so happy to find these wipes and really trusted this company as I do have sensitive skin. I was using them on my face and neck before putting on clean clothes before getting into my car. At first they worked great for a couple weeks using them just on my work days three times a week and then my skin began to burn horribly and the pain was horrific. I actually didn’t figure it out right away as I thought I must have had a chemical cleaner on my hands or something and touched my face. I really love other products from this company so I didn’t suspect the wipes at first. It was the wipes 100 percent sure and I actually had blustering and scaling dry skin which burned and itched for three days. My eyelids were red and puffy I couldn’t open my eyelids in the morning. Calamine lotion was my only relief. Honestly so miserable and painful the burning was followed by intense itching. I hope this company pulls these off the market as I wouldn’t wish this on anyone.
I’ve dealt with the swelling if my eyes and the burning itching for 3+ years missed work and family gatherings plus many doctors visits and lots of money spent on allergy medication and creams and this January after all that I finally found out it was the wipes fault…… I have photos I had to send to work I looked like lord zuko from avatar at it’s worse my skin almost opened?
When they changed the formula to the wipes, the skin around my eyes became severely irritated. This was over a month ago and I’m still dealing with it. The skin under my eyes and my eyelids are dry, have a rash, burn and itch.