Neutrogena Oil-Free Moisturizer Class Action Lawsuit Moves Forward

A federal court judge has blocked moves to have a class action lawsuit against Johnson & Johnson that took issue with its Neutrogena oil-free moisturizer claims dismissed.

Filed Monday in a California District Court, Judge Terry Hatter’s order says the plaintiffs have grounds to move forward with their claims and have satisfied pleading requirements.

Named plaintiff Narguess Noohi, of California, argues Johnson & Johnson fraudulently markets their products as being oil-free despite some of them containing oils. 

“The Court must accept all allegations in the complaint as true and draw all reasonable inferences in Noohi’s favor,” Judge Hatter said in his response to Johnson & Johnson’s motion to dismiss. 

Noohi decided to take legal action after buying her last Neutrogena branded oil-free moisturizer in March. She says her ability to buy products based on quality was impaired by these misleading claims. 

“Therefore, Plaintiff has been deprived of her legally-protected interest to obtain true and accurate information about her consumer products as required by California and Federal law,” the class action lawsuit claims. 

The initial filing argued that Johnson & Johnson, which bottles and sells Neutrogena oil-free moisturizer, had a duty to inform consumers of the truth about the product.

“Defendant, and not Plaintiff, the Class, or Sub-Class, knew or should have known that the Products’ express labeling stating ‘oil-free’ was false,” Noohi said in the complaint, adding that Johnson & Johnson hires professional chemists to create their formulas.

Noohi elaborates further, arguing that the maker of the Neutrogena oil-free moisturizer is forcing their buyers individually to figure out if the product was indeed oil free.

The Class Members “are not, and should not be, required to chemically test the products they purchase to know the true contents of those products,” Noohi said. 

Noohi claims personal care brands, and Johnson & Johnson specifically, use some 200 different names to describe palm oil in their products, obscuring what’s really inside. 

According to the class action lawsuit, Neutrogena’s oil-free moisturizer contains palm oil but it’s called “Ethylhexyl palmitate” instead. 

“Defendant, through its employees, knew or should have known that Ethylhexl Palmitate, and Soybean Sterols, are both oil products that are derivatives of palm oil and soybean oil respectively,” the class action lawsuit states.  

Noohi points out that a large number of people have an allergic reaction to palm oil, which is why New Zealand and Australia require specific labeling. 

Soybean oil is another component hidden by personal care product makers, according to the complaint. Soybean sterols “is simply another name for soybean oil,” Noohi said. 

Noohi says she has lost money, wasted time and has felt stressed and aggravated over the oil-free moisturizers. Her class action lawsuit joins others with similar claims. 

Norah Flaherty of Illinois claims in her suit that 40 of Johnson & Johnson’s products are fraudulently called oil-free. 

That suit further elaborated on their ingredients that should be classified as oil-based: 

• Dimethicone
• Ethylhexyl stearate
• Tocopherol acetate
• Octocrylene 
• Hydrogenated castor oil
• Dicaprylyl ether
• Dimethicone
• Neopentyl glycol diisostearate
• Dimethicone
• Diethylhexyl 2-6-naphthalate
• Cetyl lactate
• Jojoba esters

Noohi is seeking to represent a Class of people who live in California and who have bought a Neutrogena branded oil-free moisturizer within the last 10 years. 

Formally, the class action lawsuit accuses Johnson & Johnson of violating California’s False Advertising Act, Unfair Business Practices Act, in addition to committing Common Law Fraud and being unjustly enriched. 

Do you use oil-free moisturizer? Are you concerned with the accuracy of its labeling? Let us know in the comments below. 

Counsel representing the plaintiffs in this class action lawsuit is Todd M. Friedman of the Law Offices Of Todd M. Friedman, PC.

The Neutrogena Oil-Free Moisturizer Class Action Lawsuit is Noohi v. Johnson & Johnson Consumer Inc., Case No. 2:20-cv-03575-TJH-JEM, in the U.S. District Court for the Central District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

• CeraVe Oil-Free Skincare Products Contain Oil, Class Action Lawsuit Says
• Class Action Lawsuit Argues e.l.f. Makeup Is Not Oil-Free
• American Lung Association Announces Plan to Address Youth Vaping in Schools
• Philadelphia Sues Juul over E-Cigarette Addiction Epidemic