J&J Nears Final Approval of $5M Baby Bedtime Products Settlement

After six years of litigation, Johnson & Johnson is urging 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.

In August, U.S. District Judge Elaine Bucklo granted certification to a nationwide Class of consumers and gave preliminary approval to the deal. However, the judge’s final approval is still pending.

Calling the settlement deal “fair, reasonable and adequate,” Johnson and Johnson motioned for Judge Bucklo to sign off on final terms of the settlement.

“Without this agreement, the litigation could continue for many years in four separate jurisdictions, and possibly in many others,” Johnson & Johnson wrote. “Further, while significant discovery has been completed, much more would need to be done for this matter to be resolved without this agreement, including further document and witness discovery, the creation of expert reports, briefing on both class certification and summary judgment, preparation for and participation at trial, and possible appeals.”

Plaintiff Stephanie Leiner of Illinois filed the class action lawsuit in July 2015, alleging she and others purchased Johnson & Johnson Bedtime Bath Products at a premium price after seeing advertisements claiming such products are “clinically proven” to help babies sleep better. But after using the products in 2014 as part of the company’s recommended three-step nightly routine, she found they were not effective in helping her baby sleep better.

Her complaint, along with other nearly identical false advertising class actions filed in California, New York and New Jersey are included in the Johnson’s Baby Bedtime products settlement.

These lawsuits similarly allege that Johnson & Johnson violated various state consumer protection laws by labeling its bedtime bath products as “clinically proven” to help babies sleep better.

According to the allegations, at the time of advertising the products, Johnson & Johnson did not have any studies to clinically prove that the products would provide the outcome as advertised.

If granted final approval, the settlement would include a Class of consumers who bought any one of the five Johnson’s bedtime products: Johnson’s Bedtime Baby Bath, Johnson’s Bedtime Baby Lotion, Johnson’s Bedtime Baby Moisture Wash, Johnson’s Baby Bedtime Washcloths, and/or Johnson’s Bedtime Baby Bubble Bath & Wash for household use in the U.S. or any U.S. territories, including Puerto Rico, Guam and the Virgin Islands from July 1, 2010 through Aug. 31, 2016.

In addition to the $5 million settlement, Johnson & Johnson also agreed to continue to include revised language on its bedtime products, stating that the “routine helps baby fall asleep faster and stay asleep longer” or similar language referencing the routine alongside any clinically proven language.

The Johnson’s bedtime bath products class action settlement is open until Apr. 28, 2017. Click here to file a claim!

A final fairness is scheduled for Jan. 18, 2017.

Leiner and the Class are represented by Andrew Ficzko, Jorge Gamboa, Ryan Stephan and James Zouras of Stephan Zouras LLP, Perry Gattegno of Pomerantz LLP, and Jayne Goldstein of Shepherd Finkelman Miller & Shah.

The Johnson’s Bedtime Bath Products Class Action Lawsuit is Leiner v. Johnson & Johnson Consumer Companies Inc., Case No. 1:15-cv-05876, in the U.S. District Court for the Northern District of Illinois.

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