J&J’s Bedtime Products Don’t Help Babies Sleep Better, Class Actions Say

Johnson & Johnson Consumer Companies, Inc. was hit with two false advertising class action lawsuits alleging that its baby sleep products don’t help babies sleep better as advertised.

Plaintiff Jacqueline Real filed her class action lawsuit in a California federal court and plaintiff Jinette Hidalgo filed her lawsuit against Johnson & Johnson in a federal court in New York over claims the company makes about its Johnson’s Bedtime Bath and Johnson’s Bedtime Lotion.

“Specifically, on the front of each bottle, there is a prominent logo that proclaims: ‘CLINICALLY PROVEN, HELP BABY SLEEP BETTER,'” both class action lawsuits say.

“J&J also markets and advertises, on the back of the bottles, that it has created a ‘clinically proven’ nighttime routine of a warm bath, gentle massage (with the products), and quite activities that will help babies sleep better (e.g., reading, cuddling, and singing lullabies),” Real and Hidalgo explain in their class action lawsuits.

Both plaintiffs say that the claims on Johnson’s Bedtime products labels are deceptive and misleading.

Since J&J began selling the products in 2000, the company engaged in a nationwide campaign to encourage parents to buy its products for their babies through advertising on TV, magazines, the internet and the products themselves, Real and Hidalgo explain.

“Through this massive marketing campaign, [J&J] has worked to convey a singular message: the Bedtime Products are clinically proven to help babies sleep better,” the class action lawsuits claim.

According to Real and Hidalgo, Johnson & Johnson publishes an Infant Sleep Guide, in which it touts the ability of its products to help babies sleep, citing “baby care experts:”

“Our new products, enriched with NATURALCALM™ essences, a unique blend of gentle ingredients and soothing aromas, can help your baby sleep better when used as part of a regular nightly routine. JOHNSON’S is the first and only brand that’s clinically proven to help babies fall asleep easier and sleep through the night better.”

Both Real and Hidalgo claim that they purchased the bedtime products and followed “the 3-step nightly routine” recommended by J&J “for a period of time” with their children, but that the products “did not help [their] babies sleep any better.”

The claims made by Johnson & Johnson “are deceptive and misleading, and have been designed to induce consumers to buy the bedtime products,” the two mothers claim.

Specifically, Real and Hidalgo say that J&J either “knew or should have known, at the time it began selling the products, that there are no studies showing that the bedtime products are clinically proven to provide any results and [Johnson & Johnson] has no basis to make the claims about its products.”

The plaintiffs say that Johnson & Johnson charges at least $1.00 more for the products over other soaps and lotions because of these claims.

Real is charging Johnson & Johnson with violating California’s Consumer Legal Remedies Act, Unfair Competition Law, and False Advertising Law. Hidalgo claims that J&J is violating New York New York business law and is guilty of unjust enrichment.

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

Hidalgo is represented by Kim E. Richman of the Richman Law Group, James C. Shah and Natalie Finkelman Bennett of Shepherd Finkelman Miller & Shah LLP, and Jayne A. Goldstein of Pomerantz LLP.

The Johnson’s Bedtime Products Class Action Lawsuits are Jacqueline Real v. Johnson & Johnson Consumer Companies Inc., Case No. 2:15-cv-05025, in U.S. District Court for the Central District of California, and Jinette Hidalgo v. Johnson & Johnson Consumer Companies Inc., Case No. 1:15-cv-05199, in the U.S. District Court of the Southern District of New York.

UPDATE: On Jan. 20, 2016, 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.

UPDATE 2: 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 3: The Johnson’s bedtime bath products class action settlement is now open! Click here to file a claim!

UPDATE 4: 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 5: 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!