Neutrogena Oil-Free Skincare Class Action Lawsuit Claims False Advertising

An Illinois woman alleges supposedly oil-free skincare advertised under the Neutrogena and Clean & Clear lines by Johnson & Johnson contains several different oils in reality.

Lead plaintiff Norah Flaherty claims 40 products are marketed to consumers as “oil-free skincare.” However, there are several substances that should be characterized as oils in these products, her class action lawsuit claims.

The complaint accuses Johnson & Johnson of misleading consumers by falsely advertising their so-called oil-free skincare products.

“All of the Products contain oils, but Defendant intentionally advertise and label the Products as oil-free,” the plaintiff claims.

The products at issue in the class action lawsuit include:

• Neutrogena Clear Face Oil-Free
• Hydro Boost Cleansing Gel and Oil Free Makeup Remover
• Age Shield Face Oil-Free Lotion Sunscreen
• Pore Refining Face Toner with Witch Hazel, Oil-Free
• Oil-Free Pink Grapefruit Acne Face Moisturizer
• Oil-Free Moisture Broad Spectrum SPF 35
• Oil-Free Moisture Combination Skin
• Oil-Free Acne Stress Control Power Cream Wash
• Body Clear Oil-Free Body Scrub
• Rapid Clear Acne Defense Oil-Free Face Lotion and Moisturizer
• Oil-Free Acne Wash Redness Soothing Cream Cleanser
• Oil-Free Acne Stress Control Night Cleansing Pads
• And others

“Defendants through their employees did know that the Products contained oils but chose to include ‘oil-free’ labeling because they did not believe their customers were well educated enough to know the difference,” the class action lawsuit asserts.

Flaherty says she and thousands of other consumers purchased Neutrogena and Clean & Clear products under the impression they were oil-free based on marketing and labeling by Johnson & Johnson. The plaintiff says she and other consumers spent more money than they would have had they known the products contained oils. Flaherty also says she no longer trusts product labeling.

“By making false and misleading claims about the qualities of the products, Defendant impaired Plaintiff’s ability to choose the type and quality of products she chose to buy,” the complaint alleges. “Plaintiff has been deprived of her legally protected interest to obtain true and accurate information about her consumer products as required by law.”

The complaint explains there are several different types of oils characterized by the polarity of the material. Generally, most consumers would consider oils to be substances less dense than water that feel slippery or slick, the plaintiff says.

Indeed, the complaint, claims certain Neutrogena and Clean & Clear products contain the following substances that should be characterized as oils: dimethicone, ethylhexyl stearate, tocopherol acetate, octocrylene, hydrogenated castor oil, dicaprylyl ether, dimethicone, neopentyl glycol diisostearate, dimethicone, diethylhexyl 2-6-naphthalate, cetyl lactate, jojoba esters and others.

According to the class action lawsuit, each of these substances, included in certain Neutrogena and Clean & Clear products, should be characterized as an oil.

The complaint describes their densities compared to water and chemical make-up, contending that their definition is contrary to Johnson & Johnson’s marketing of the products as “oil-free.”

The plaintiff points out that, although the substances are listed on the products’ packaging, she and other consumers would not have been able to understand the substances are oils without an advanced understanding of chemistry.

Additionally, Johnson & Johnson deliberately misleads consumers with statements on the products’ packaging that they are “Oil-Free.”

“Plaintiff and the Class were deceived into paying money for products they did not want because the Products were labeled as oil free,” the class action lawsuit argues. “Worse than the lost money, Plaintiff, the Class, and Sub-Class were deprived of their protected interest to choose the type and quality of products they use on their bodies.”

The plaintiff seeks to represent consumers nationwide who purchased Neutrogena or Clean & Clear products that were advertised as “oil-free” when they actually contained substances that allegedly should be characterized as oils, along with an Illinois subclass.

The class action lawsuit alleges the false advertising of these products by Johnson & Johnson amounts to fraud, unjust enrichment and breach of express warranties, as well as constituting a violation of Illinois consumer protection law.

The plaintiff is seeking damages, along with court orders requiring Johnson & Johnson to inform consumers about its allegedly deceptive advertising and stopping the company from using “oil-free” assertions in future advertising of the products.

Have you purchased Neutrogena or Clean & Clear products that were advertised as oil-free skincare? What was your experience? Tell us in the comment section below.

The lead plaintiff and proposed Class Members are represented by Todd M. Friedman, Steven G. Perry and David B. Levin of the Law Offices of Todd M. Friedman PC.

The Neutrogena Oil-Free Skincare False Advertising Class Action Lawsuit is Norah Flaherty v. Johnson & Johnson Consumer Inc., Case No. 1:20-cv-07255, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

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