Johnson & Johnson Faces Consumer Fraud Lawsuit Over Aveeno Baby Products

January 29 2013

Johnson & Johnson Faces Consumer Fraud Lawsuit Over Aveeno Baby Products Los Angeles, CA: A consumer fraud class action lawsuit has been filed against Johnson & Johnson’s (J&) Aveeno Baby products, including Aveeno Baby Wash and Aveeno Baby Calming Comfort Bath, alleging the phrase “Natural Oat Formula” displayed on the bottles is false and misleading to consumers.

The lawsuit, entitled Virgil et al. v. Johnson & Johnson Consumer Cos. Inc., Case No. 13-cv-00524, U.S. District Court for the District of New Jersey, claims that the advertising leads customers to believe that the product formulas are entirely comprised of natural ingredients.

Further, plaintiffs Rebecca Virgil and Heidi Langan allege that not only are the Aveeno baby wash products not “natural,” they also contain ingredients that can be carcinogenic to humans.

“Incredibly, Aveeno Calming Comfort Bath’s purportedly Natural Formula contains Quaternium 15, a preservative that works by slowly releasing formaldehyde, a known human carcinogen used for embalming and as a disinfectant,” the lawsuit states. “Defendant’s false and misleading representations are particularly egregious because the Products are marketed for use on babies.”

The lawsuit states that the Aveeno baby wash products also contain glycol distearate, a skin conditioning agent, and PEG 15 distearate, which is used as a surfactant. “Instead of receiving a natural formula product, the plaintiffs and the class received products in direct contradiction the defendant's representations, which contained unnatural, synthetic ingredients,” the class action lawsuit states.

The Aveeno consumer fraud class action lawsuit is brought on behalf of all consumers who purchased Aveeno Baby Wash and Aveeno Baby Calming Comfort Bath in the United States. The lawsuit seeks compensatory damages, punitive damages, restitution, injunctive relief and more for unjust enrichment and consumer fraud.

The plaintiffs are represented by Joseph J. DePalma and Katrina Carroll of Lite DePalma Greenberg LLC, Robert Izard and Jeffrey Nobel of Izard Nobel LLP and Michael A. Laux and Nicole A. Veno of the Law Office of Michael A. Laux.

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Last updated February 18 2013