MDL Sought for Aveeno Baby Wash Class Action Lawsuits

On June 19, a plaintiff filed a motion with the U.S. Judicial Panel on Multidistrict Litigation (JPML) to centralize at least three class action lawsuits accusing Johnson & Johnson of deceptively marketing Aveeno Baby Wash products as “natural.” The asked the JPML to centralize the litigation in the U.S. District Court for the Northern District of Florida.

According to the plaintiff’s motion for centralization, the Aveeno class action lawsuits “allege violations of consumer protection laws governing the advertising, marketing and labeling of [Johnson & Johnson’s] products. … Transfer and consolidation or coordination of these actions, and any other subsequently-filed related cases, to the designated transferee district would serve the convenience of the parties and witnesses and promote the just and efficient prosecution of these actions.”

The baby wash class action lawsuits were filed following a 2012 consumer campaign and boycott petition by Campaign for Safe Cosmetics, a consumer watchdog group. The Aveeno class action lawsuits allege Johnson & Johnson misled consumers into believing only natural ingredients were used in the Aveeno baby wash products. The plaintiffs allege the Aveeno baby products actually contain unnatural and synthetic chemicals that can release formaldehyde, a known human carcinogen. The class action lawsuits also allege that Aveeno baby wash products have a high risk of contamination by 1,4 Dioxane, a chemical that is also believed to be a cancer-causing agent.

Last week, J&J and one of the other plaintiffs filed separate motions asking the court to deny the plaintiff’s request to consolidate the Aveeno baby wash class action lawsuits in Florida federal court. Johnson & Johnson argued that it has no offices in Florida and “no connection to that state aside from the fact that its products are sold there.” Both J&J and the plaintiff argued that, if the JPML determines consolidation of the Aveeno class action lawsuits is appropriate, they should be instead transferred to the U.S. District Court for the Southern District of New York for a number of reasons.

Specifically, J&J argues that the first Aveeno class action lawsuit was filed in New York, so it makes sense to consolidate the cases there, if appropriate. Johnson & Johnson also argues that its offices and the majority of its witnesses and documents are located in nearby New Jersey, making New York federal court a more appropriate venue than Florida. The JPML has not yet made a determination about whether to consolidate the Aveeno class action lawsuits.

The JPML is a panel of federal judges who determine whether civil actions pending in federal courts should be consolidated in one federal court to coordinate pre-trial proceedings. If consolidation is appropriate, they group the pending civil lawsuits or class action lawsuits into multidistrict litigation (MDL) and assign a judge to oversee the pre-trial proceedings. Consolidation into MDL is meant to avoid duplication of discovery, prevent inconsistent pretrial rulings, and to conserve the resources of the parties, their lawyers and the legal system.

The Aveeno Deceptive Marketing Class Action Lawsuit is In re: Johnson & Johnson Products Marketing and Sales Practices Litigation, MDL No. 2565, before the U.S. Judicial Panel on Multidistrict Litigation.