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Pharmaceutical giant, Johnson & Johnson (“J&J”), has agreed to a $5 million settlement with parents who alleged the company’s Bedtime brand of baby products were falsely marketed as clinically proven to help babies fall asleep faster and stay asleep longer. Plaintiffs argued that J&J knew, or should have known, before selling its products that there were no studies to support that assertion. Plaintiffs further claim that they would not have paid the higher prices for the Bedtime products if they knew there was no basis to J&J’s claims.
Consumers eligible to be included in the settlement consist of anyone who purchased one or more of the following Bedtime products within the U.S., the District of Columbia or any U.S. territory (including Puerto Rico, Guam and the Virgin Islands) between July 1, 2010 and August 31, 2016:
- J&J Bedtime Bath
- J&J Bedtime Baby Lotion
- J&J Bedtime Baby Moisture Wash
- J&J Bedtime Baby Washcloths
- J&J Bedtime Baby Bubble Bath & Wash
Settlement amounts per consumer vary. Consumers without a proof of purchase will receive $3 per product for up to five products and those who have a proof of purchase may collect $3 per product for up to ten products.
The final settlement hearing will be on January 18, 2017 and consumers will have until April 28, 2017 to submit settlement claim forms.
The case is: Stephanie Leiner v. Johnson & Johnson Consumer Companies Inc., Case No. 1:15-cv-05876, in the U.S. District Court for the Northern District of Illinois.
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