Johnson’s Baby Bedtime False Ad Class Action Survives Dismissal Bid

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Last week, 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.

The Johnson’s baby products class action lawsuit was initially filed in July 2015 by plaintiff Jacqueline Real, and alleged that the baby sleep products don’t help babies sleep better. According to her Baby Bedtime class action lawsuit, she purchased two bottles of Bedtime Bath for approximately $4.99 each, relying on the claim on the label that the J&J product was “clinically proven” to help babies sleep better.

Real also received a bottle of Bedtime Lotion as a gift, according to the J&J class action lawsuit, and she used it in conjunction with Bedtime Bath. However, she says she discontinued the use of both Bedtime products after she found that they did not help her baby sleep any better.

By filing the Baby Bedtime class action lawsuit, Real seeks to represent a Class of consumers who purchased the Bedtime Bath or Bedtime Lotion products in California.

Johnson & Johnson sought to dismiss the baby products class action lawsuit because Real only purchased Bedtime Bath and admitted she would not purchase Johnson’s Bedtime products in the future.

J&J also argued in its motion to dismiss the class action lawsuit that Real did not sufficiently contend that reasonable consumers would be misled by the label, and possible Class Members could not be objectively ascertained.

Last month, Real asked a California federal judge to take judicial notice that an Illinois judge refused to dismiss a nearly identical Johnson’s baby products class action lawsuit. She urged the judge not to dismiss her class action lawsuit.

On Feb. 8, U.S. District Judge Stephen Wilson denied J&J’s bid to dismiss the Johnson’s Baby Bedtime products class action lawsuit, finding that Real sufficiently argued her case with enough detail to support her claims that the products’ labels were misleading.

“J&J’s labeling and marketing communicate the consistent message that the Bedtime Products themselves are sleep aides, clinically proven to help babies sleep better,” Judge Wilson wrote in his order denying J&J’s bid to dismiss the baby products class action lawsuit. “With minor variations since 2007, there has been a prominent logo stating: ‘CLINICALLY PROVEN, HELP BABY SLEEP BETTER.’”

However, J&J does not include any language informing consumers that the baby products are not actually sleep aides, the judge found. In fact, J&J “knew or should have known” that the labeling was deceptive because the ingredients in the Bedtime products were similar to those in Johnson’s regular products.

“And J&J knows that Bedtime Products themselves are not clinically proven and has admitted as much in connection with related cases,” Judge Wilson continues. “In small print on the back of Bedtime Product labels, J&J states that it has created a clinically proven nighttime routine including a warm bath (using Bedtime Bath), a gentle massage (using Bedtime Lotion), and quiet activities.”

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

UPDATE 2: 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 3: 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!