A New Jersey federal judge yesterday refused to dismiss class action lawsuit alleging that Johnson & Johnson’s line of Bedtime Bath and Lotion were deceptively advertised, finding that the majority of claims could continue.
Plaintiffs in the class action lawsuit say Johnson & Johnson originally marketed the Bedtime Bath Products as being able to help infants sleep better at night if the products are used in a certain order. According to Judge Freda L. Wolfson’s decision to partially deny J&J’s motion to dismiss, “plaintiffs [assert] that there are no ‘scientifically significant or reliable studies’ that substantiate J&J’s claim that the use of Products or the 3-step routine help babies sleep better.”
Plaintiffs Caryn Lieberson and Pamela Dubin allege in the class action lawsuit that a combination of television advertising and product labeling led them to try Johnson’s Bedtime Bath and Johnson’s Bedtime Lotion with little to no change in their children’s sleep habits. However, Judge Wolfson found that Johnson & Johnson’s efforts to dismiss the case based on a lack of specificity of what channels they were watching was an “onerous” argument.
She decided that because the women were able to identify what the marketing messages were and the time frame for when they occurred, the class action lawsuit had been sufficiently pled. She noted that Lieberson, for example, “alleges the necessary elements with the particularity demanded by the CFA. These allegations sufficiently allege the hallmark — the ‘who, what, when, where and how’ — of a fraud claim.”
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Judge Wolfson did, however, dismiss a third plaintiff from the class action lawsuit after finding she did not use the bath products as directed. Plaintiff Lisa Triantfillou alleged that the J&J products did not help her child but only used one of the products, the Bedtime Bath Lotion, when a combination of the lotion and bath soap was recommended. Triantfillou will be able to amend her complaint if she can say that she too bought and used both products based on television advertising or from other sources.
The plaintiffs are represented by Natalie Finkelman Bennett and James C. Shah of Shepherd Finkelman Miller & Shah LLP.
The Johnson’s Bedtime Bath & Lotion Class Action Lawsuit is Caryn Lieberson, et al. v. Johnson & Johnson Consumer Cos. Inc., Case No. 13-cv-00610, U.S. District Court, District of New Jersey.
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
30 thoughts onJohnson’s Bedtime Lotion & Bath Class Action Lawsuit Continues
Yes I’m a grandmother and I have tried and used all these products, for us they don’t work. For my sons kids, when they spend the night I give them a J and J bedtime baby bath series bath, at most all it ever did was make them at ease in the water, but as soon as they got out and we drid them off, they were happy and playful once again. I think its more of an energy booster then relaxer.
things products don’t work. cost more then the regular at our locations but never seen any edivence of them working. Sad, mother of multiples and I needed the kids to sleep so I could.
I have 5 kids and have used these products on all my kids, it never worked. I tried the bedtime series and the ones with Lavender, the only thing it made was me sick on my stomach. the smell was too overpowering. My kids never relzxed, instead its like it rejuvenated them. Giving them more energy. It had the opposite effect for us.
Please include me also. I did not work for my kids either.
Does not matter what order you use them , it does not help. Please add me to this claim.
Rebecca
we have 2yr. old twins.
When can i file…
63E7C
These products are not as advertised plus they cost more . Personally I did not see any difference in with lower priced bathing products.
I have wondered this for years.. I just had baby # 4 and have been deceived by this product.. money down the drain… It’s sad.. I switched to baby magic months ago.