J&J Bedtime Products Class Action Should Continue, Plaintiff Argues

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Last week, a plaintiff asked a California federal judge not to dismiss a class action lawsuit alleging Johnson & Johnson deceptively marketed its Bedtime Bath products, pointing to a recent ruling in a similar case pending in Illinois.

California plaintiff Jacqueline Real asked the court to take judicial notice that an Illinois judge refused to dismiss a nearly identical Johnson’s baby products class action lawsuit earlier this month.

In the Illinois decision, U.S. District Judge Elaine E. Bucklo allowed plaintiff Stephanie Leiner’s claims against Johnson & Johnson’s Baby Bedtime Bath and Bedtime Lotion products to proceed, finding that Leiner had standing for injunctive relief.

In allowing the Illinois class action lawsuit to proceed, Judge Bucklo disagreed with J&J’s argument that Leiner lacked standing because she would be unlikely to purchase the baby products in the future. The judge determined that Leiner had alleged a “legally congnizable injury” that resulted from the alleged deceptive marketing of the baby products, and thus she has standing to bring a claim for injunctive relief.

Judge Bucklo also disagreed with J&J’s attempt to dismiss Leiner’s allegations about the “clinically proven” claims regarding the Bedtime Bath baby products, finding that it was inappropriate for a judge to make a determination on this claim in a motion to dismiss.

J&J attempted to argue that Leiner challenged the sufficiency of the company’s clinical testing procedure. However, Judge Bucklo found that Leiner actually questioned whether J&J conducted clinical testing of the product at all. The judge found that this issue was outside of the scope of what could be determined in a motion to dismiss.

Last week, Real asked the court to take notice of the Illinois judge’s refusal to dismiss Leiner’s class action lawsuit, as it may support her pending motion opposing J&J’s effort to dismiss her California action.

Real filed the baby products class action lawsuit in July 2015, arguing that the Bedtime Bath and Bedtime Lotion products don’t work as advertised. She claims that the products deceptively stated that the products were clinically proven to help babies sleep better, and that the products don’t work as advertised. In her false advertising class action lawsuit, Real alleged that J&J was able to charge a premium for these products due to the allegedly misleading labels.

J&J sought to dismiss the deceptive labeling class action lawsuit, arguing that if it were allowed to proceed, the courts could be burdened with a number of deceptive advertising claims based on plaintiffs’ competing theories and “unsupported questioning of testing methodologies.” Further, J&J questioned Real’s ability to serve as an appropriate Class representative given the fact that she had not purchased the Bedtime Lotion.

Real is represented by Valerie L. Chang, James C. Shah and Natalie Finkelman of Shepherd Finkelman Miller & Shah LLP and Jayne A. Goldstein of Pomerantz LLP.

The Johnson’s Bedtime Products Class Action Lawsuit is Jacqueline Real v. Johnson & Johnson Consumer Cos. Inc., Case No. 2:15-cv-05025, in the U.S. District Court for the Central District of California.

UPDATE: On Feb. 8, 2016, a California federal judge denied a motion by Johnson & Johnson to dismiss a class action lawsuit that accused the company of falsely advertising its Baby Bedtime Bath and Bedtime Lotion products as being “clinically proven” to help babies sleep.

UPDATE 2: The Johnson’s bedtime bath products class action settlement is now open! Click here to file a claim!

UPDATE 3: On Jan. 13, 2017, Johnson & Johnson urged an Illinois federal judge to approve a $5 million settlement that would resolve claims that the company intentionally misled consumers into buying products advertised as being clinically proven to help babies sleep better.

UPDATE 4: On May 27, 2017, Top Class Actions viewers who filed valid claims for the Johnson’s Bedtime Bath products class action settlement arestarting to receive checksin the mail!