NJ Plaintiff Files J&J Bedtime Products Class Action Lawsuit

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A proposed bedtime products class action lawsuit has been filed against Johnson & Johnson Consumer Cos. in New Jersey state court, alleging the company misled consumers with product claims that their personal bath and lotions were clinically proven to help babies and toddlers sleep more soundly.

Plaintiff Jillian Gallagher filed this Johnson’s bedtime products class action lawsuit alleging the J&J’s Bedtime Bath and Bedtime Lotion advertising and marketing campaign makes deceptive claims that the personal products create a “’clinically proven’ nighttime routine of warm bath, gentle massage, and quiet activities that will help babies sleep better.” These J&J marketing and advertising claims are featured on the bath and lotion product labels, as well as featured on television, in magazines, and on the Internet, allegedly violating the Consumer  Fraud Act.

According to the Johnson’s bedtime products class action lawsuit, “Defendant’s claims are deceptive and misleading, and have been designed to induce consumers to buy the Bedtime products. Defendant 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 defendant has no basis to make the claims about its products.”

These supposed sleep benefits influence a consumers decision to buy Johnson’s Bedtime products instead of J&J’s less expensive and more traditional baby lotions and washes that do not have any supposed “clinically proven” benefits. In comparison to Johnson’s traditional personal baby products, Johnson’s bedtime products are sold for $1, meaning that consumers are paying a premium for these products under allegedly based on the sleep benefits for little ones.

The proposed Johnson’s Bedtime product class action lawsuit would represent a Class of consumers from the State of New Jersey.

J&J launched their Bedtime products line in 2000 and paired these lotions and washes with statistics featured on their company website, claiming 20 to 30 percent of babies experience sleep problems. Additionally, the cited statistics also indicate that 76 percent of parents surveyed claimed they wanted to change some part of their child’s sleep habits.

Since January 2013, J&J has modified some of the language used on their website; however, the “clinically proven” wording on its bedtime products labels has not changed, according to the Johnson’s bedtime products class action lawsuit.

The plaintiff of this class action lawsuit want J&J to stop alleged misrepresentation of their Bedtime products, make a public declaration of their wrongdoing via an information campaign, and reimburse Class Members for the amount they paid for the Johnson’s Bedtime products. A demand for “restitution and disgorgement” of all profits Johnson & Johnson obtained for the alleged misrepresentation is also included in the class action lawsuit.

This is not the only complaint filed against J&J for their alleged misrepresentation of their Bedtime products. Plaintiffs Jacqueline Real and Jinette Hidalgo also filed separate Johnson’s Bedtime product class action lawsuits earlier this month, featuring similar allegations.

Gallagher is represented by John W. Trimble Jr. and Katrina M. Geary of Trimble & Armano.

The Johnson’s Bedtime Products Class Action Lawsuit is Jillian Gallagher v. Johnson & Johnson Consumer Companies Inc., Case No. L-2557-15, in the Superior Court of New Jersey in Camden County.

UPDATE: On Mar. 15, 2016, a federal judge remanded the case to the New Jersey Superior Court because the proposed Class consists solely of New Jersey citizens.

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!