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Neutrogena sunscreen class action overview:
- Who: A consumer who bought Neutrogena SPF 50 sunscreen for babies is suing manufacturer Johnson & Johnson.
- Why: The plaintiff says the company sells the same product for adults and babies, but doubles the price of the product for babies.
- Where: The Neutrogena sunscreen class action was filed in a New York federal court.
A consumer who bought Neutrogena SPF 50 sunscreen for babies is suing manufacturer Johnson & Johnson, alleging the company sells almost the exact same product for adults, but at half the price.
Plaintiff Cecilia Yang filed the class action lawsuit against Johnson & Johnson Consumer Inc. on Nov. 20 in a New York federal court, alleging violations of state and federal consumer laws.
Johnson & Johnson Consumer Inc. makes and sells zinc oxide SPF 50 sunscreens in stick form made for babies and adults under the Neutrogena brand, the class action states.
Though the two products appear distinct, with the baby variety containing numerous label statements and features absent from the adult version, they are basically identical, yet sold at dramatically different prices, the lawsuit alleges.
Neutrogena sunscreen almost double the price of baby version
Yang points out the federal government has made moves to prevent companies from leveling a “pink tax” or “kids tax” that makes identical products more expensive for parents and women.
According to her lawsuit, the back label of the Neutrogena sunscreen baby version describes it as an “extra gentle formula that is ideal for baby’s delicate, sensitive skin.” The marketing leads parents to believe the baby version is specifically designed for their babies’ needs, she says.
“The result is that parents will pay significantly more for such products, which is why, on a per ounce basis, the Baby version is $16.96, almost two times the price of the Adult version at $8.65.”
However, not only do the products contain an identical amount of the active ingredient, zinc oxide, but 12 of their 13 inactive ingredients are identical, the lawsuit states.
The only difference is the 13th and least-prominent ingredients in the products: avena sativa, or oat, kernel oil in the baby version and tocopheryl acetate in the adult version, the plaintiff says.
She says the fact that the baby version contains oat kernel oil is not sufficient to explain the price discrepancy.
Yang is looking to represent a New York class of consumers who purchased the baby version over the adult version, plus a consumer fraud multistate class of consumers from New Jersey, New Hampshire and Rhode Island
She’s suing under New York General Business Law, and for state consumer laws, breach of warranty, fraud and unjust enrichment. Yang is seeking certification of the class action, damages, fees, costs and a jury trial.
Johnson & Johnson also has been hit with a recent class action lawsuit alleging it manufactured and sold Neutrogena sunscreen contaminated with unsafe levels of the cancer-causing chemical benzene, causing a woman in Georgia to develop cancer.
Have you bought the Neutrogena baby sunscreen? Let us know your thoughts on these allegations in the comments.
The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC and James Chung of the Law Office of James Chung.
The Neutrogena class action lawsuit is Cecilia Yang, et al. v. Johnson & Johnson Consumer Inc., Case No. 1:22-cv-07070, in the U.S. District Court for the Eastern District of New York, Brooklyn Courthouse.
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18 thoughts onNeutrogena class action claims baby sunscreen sold at premium over identical adult sunscreen
add me
I’ve used this on my kids and I used it last summer. Please add me. Nothing is safe anymore.
Please add me
Please add me…always been ught for my grandchildren
Please add me. I used on my child.
Please add me. This is the only sunscreen I used on my children.