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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 currently have burns under my eye from using these wipes, it’s horrible and it burns, I have to go out with my face covered so it doesn’t look like I’m suffering from domestic abuse, even putting on sunscreen burns.
I currently have burns under my eye from using these towels, it’s horrible and it burns, I have to go out with my face covered so it doesn’t look like I’m suffering from domestic abuse, even putting on sunscreen burns.
I have been using these wipes for years and recently started having a reaction. Sometimes fairly significant, swelling / puffiness of the face / red dry eyelids / redness on cheeks and across nose / swelling of my bottom lip. I thought I was having a food allergy but have been able to pinpoint it to the Neutrogena Make Up wipes. I have stopped using them.
I have had irritation and burning from using neutrogena wipes- do not use!!!!
I’ve used the makeup wipes by Neutrogena for years… never had an issue. The last two nights after use my eyes were burning. I thought maybe I got the wipe in my eye, but this is not likely due to me always closing so tightly to insure this not happening (especially 2 nights in a row). I took a closer look in my magnifying mirror and around my bottom eyelids I have chemical burns which would explain the scratchy, burning irritation I am feeling. Thought I would good and see if anyone was talking about this happening and here I am. So sad this is happening. I will stop use immediately.
I currently have chemical burns on and around my eyelids, mouth, and nose. It hurts to even open my eyes and the skin around my eyes is so irritated and my eyes will not stop watering. They’re super red and splotchy and crusty now and i’m in so much pain. Please add me.
I also burned the skin of my face (even my eyelids) using neutropenia make-up remover wipes. Please add me!
I purchased these wipes at the beginning of January 2023 and didn’t use them until a month later. I started using them and I felt a stinging sensation and burning but thought that maybe I was rubbing too hard. Over the course of a week, my face started horribly reacting to the wipes and I broke out in huge hives, boils, rashes, plus my skin started peeling off on my face and neck. It was such a horrible, uncomfortable experience with my skin burning, itching, at times felt on fire which I couldn’t sleep peacefully. I took pictures as the infection started to increasingly grow/spread over the course of a week. To make matters worse, I was away on a business trip. This situation has caused me to lose money, and so many other inconveniences. I definitely need Neutrogena to pay for allowing these badly formulated wipes on the market. This has caused me so much pain emotionally, psychologically, and physically. Someone please contact me as soon as possible.
I have purchased and used Neutrogena wipes and other products from Neutrogena. Yes, I have experienced the burning and irritation after using these products. I have had to stop the use of the Neutrogena products.
I’ve used neutrogena’s fresh foaming cleanser for 20 years, and the makeup wipes for 5+. I bought a new container / pack of each in the last year and I have sustained chemical burns on my face so bad that my skin peels off every single day. My nose has been so swollen that I’ve had to take out my nostril piercing jewelry. My skin has been red hot, burning, raw. It’s even hot to the touch, like a sun burn. It took me a year to figure out what was causing it. I had cultures and tests, and found chronic fungal infections due to the raw and burnt skin. I didn’t think to blame the dash wash or wipes, because they worked perfectly fine for so long. I finally googled the products and burnt skin and rashes, and found a massive number of posts on blogs, YouTube, and even buzzfeed. I’m furious. I’ve spent the last year looking like a tomato with raw burnt skin that has been horrifically painful. This has been terrible! I have photos of the damage done to me. I’ve stopped using them for about a week now and no more rash. I have a lot of damage to heal, but the raw burning has ended. I feel betrayed and furious. I want to be contacted about this and added to this class action suit. I have horrific photo evidence of the damage, and have been on long term antifungal topical and oral medication treatments due to this. Horrific!! Please contact me!