Class Action Lawsuit Against Neutrogena Wipes for Irritation and Burning Sensations Survives Dismissal
In an order issued Friday, a federal court in New Jersey declined to dismiss a class action lawsuit that alleges Neutrogena facial wipes cause burning and itching.
The Class Action Lawsuit
Neutrogena and its parent company, Johnson & Johnson (J&J), maintained that federal law barred the class action lawsuit. However, in a May 28 order, US District Judge Freda L. Wolfson rejected the majority of the manufacturers’ claims.
In her ruling, Judge Wolfson stated that the Food, Drug, and Cosmetic Act (FDCA), in addition to state product liability laws, forbids the misrepresentation of cosmetics like Neutrogena facial wipes.
J&J debated that the FDCA provisions barred the class action lawsuit’s state law claims. Nevertheless, the judge found that the company had “overlooked” a provision claiming that “[n]othing in this section shall be construed to modify or otherwise affect any action or the liability of any person under the product liability law of any state.”
Judge Wolfson noted in her order, “Contrary to JJCI’s assertion, the FDCA does not amount to an absolute bar to plaintiffs’ state products liability claims in this context. In fact, Congress, through [Section] 379s(d) ‘s savings clause, expressly preserved state product liability actions involving cosmetics.”
Additionally, Judge Wolfson upheld the plaintiffs’ allegation that Neutrogena and J&J owed them warning of even the most uncommon and extreme responses to the wipes. Moreover, the jury found that a company-issued reimbursement for the product did not provide grounds for dismissing the class action.
Jaimie Potts, the lead plaintiff, first filed the Neutrogena wipes class action lawsuit in April 2020 in a federal court in California after her daughter experienced a rash, peeling skin, and burning sensations after using the wipes properly. Moreover, Potts asserted that J&J misrepresented the safety of these products.
Several months later, many other plaintiffs joined the class action lawsuit, alleging that they also suffered from irritation and burning sensations after using Neutrogena cleansing wipes products. The allegations were then transferred to a federal court in New Jersey.
Editor’s Note on Neutrogena Cleansing Wipes Class Action Lawsuit 2021:
This article is published to inform you of the latest updates of a class action lawsuit filed against Neutrogena and its parent company, Johnson & Johnson (J&J). Plaintiffs allegedly suffered irritation and burning sensations after using Neutrogena cleansing wipes products.
Case Name & No.: Jaimie Potts v. Johnson & Johnson Consumer Inc., Case No. 3:20-cv-10406, in the US District Court for the District of New Jersey
Products/Services: Neutrogena cleansing wipes
Allegations: Consumers allegedly suffered irritation and burning sensations after using Neutrogena cleansing wipes products
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