Johnson & Johnson Class Action Claims Neutrogena Skin360 Violates BIPA Laws

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Johnson & Johnson Neutrogena Skin360 BIPA Class Action Lawsuit Overview: 

• Who: A customer who used Neutrogena Skin360 sued its parent company, Johnson & Johnson.
• Why: The plaintiff says Johnson & Johnson Consumer Inc. breached Illinois privacy laws regarding the collection and storage of biometric information through Skin360.
• Where: The class action lawsuit was filed in New Jersey federal court.

A consumer hit Johnson & Johnson with a class action lawsuit claiming the company illegally collected and stored her biometric information through its Neutrogena Skin360 skincare program. 

Plaintiff Helene Melzer filed the class action complaint against Johnson & Johnson Consumer Inc. (J&J) May 26 in a New Jersey federal court, alleging violations of the Illinois Biometric Information Privacy Act (BIPA).

According to the lawsuit, J&J breached BIPA through a digital skin care program called Neutrogena Skin360 that scans consumers’ faces to recommend specific beauty products.

Neutrogena Skin360 provides a “personalized at-home skin assessment” online and as an app for smartphones, the lawsuit says. 

To use the program, J&J asks consumers to complete a 180-degree facial scan in which the software analyzes their skin health and creates a “Skin360 score” through which they can receive skin routine recommendations, the class action states.

However, the biometric data is also then linked to personal information, such as the consumer’s name, birthday and email address, as well as sleep schedules, exercise routines, stress levels and geographic location, Melzer says.

J&J also used the data to improve the functionality of its artificial intelligence assistant, which recommends products based on what it learns about customers’ faces, without their consent, she says.

Johnson & Johnson Class Action Alleges Neutrogena 360 Uses Data Without Customers’ Knowledge

J&J obtains and stores biometric data without the customer’s express knowledge of the process or of how long their data will be used, the class action lawsuit alleges.

“Defendant’s violations of BIPA injured plaintiff and the class members, who lost the power and ability to make informed choices about defendant’s collection, storage and use of their highly sensitive biometric information,” the lawsuit states.

Melzer seeks to represent a class of thousands of consumers in Illinois whose biometric data was collected, stored or otherwise used through Neutrogena Skin360.

She’s suing under BIPA and for unjust enrichment. The lawsuit is seeking an injunction preventing continued violations of BIPA, damages, fees, costs and a jury trial.

Consumers have become growingly concerned with their right to data privacy and data security when it comes to biometric data made vulnerable by devices such as fingerprint and facial scanners.

Lawmakers introduced the Illinois Biometric Information Privacy Act in 2008 as a way to combat these concerns, and it has since been at the center of a number of class action lawsuits and settlements.

What do you think of the allegations in this case? Let us know in the comments. 

Melzer is represented by Matthew R. Mendelsohn of Mazie Slater Katz & Freeman LLC; Grace E. Parasmo and Yitzchak H. Lieberman of Parasmo Lieberman Law; and Allen Schwartz of the Law Office of Allen Schwartz.

The Johnson & Johnson BIPA Class Action Lawsuit is Melzer v. Johnson & Johnson Consumer Inc., Case No. 3:22-cv-03149, in the U.S. District Court for the District of New Jersey. 

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