Consumer claims battery for Neutrogena acne mask was programmed to stop providing power

By Noddy A. Fernandez | Dec 5, 2018


LOS ANGELES (Legal Newsline) – An Idaho consumer alleges the manufacturer of an acne treatment device programmed the battery to stop working before it was out of power.

Rebecca Correia, individually and on behalf of all others similarly situated, filed a complaint on Nov. 27 in the U.S. District Court for the Central District of California against Johnson & Johnson Consumer Inc. over alleged violation of California's Consumers Legal Remedies Act, California's Unfair Competition Law and False Advertising Law.

According to the complaint, Correia purchased defendant's Neutrogena Light Therapy Acne Mask and Activator, reasonably relying on defendant's representation that the Activator only has the capacity to provide 30, 10-minute treatment sessions to the mask. The suit states the Activator will no longer function after the 30 sessions have been used and consumers are required to purchase an additional Activator for further treatments.

However, the plaintiff alleges the defendant programmed the Activator to stop providing power before the Activator runs out of battery, thus depriving consumers of their remaining battery charge. 

The plaintiff holds Johnson & Johnson Consumer Inc. responsible because the defendant allegedly deceived consumers into discarding or purchasing new Activators.

The plaintiff requests a trial by jury and seeks injunctive relief, award of all damages, interest, attorneys' fees, costs and for any other such relief as the court deems just and proper. She is represented by Benjamin Heikali and Joshua Nassir of Faruqi & Faruqi LLC in Los Angeles.

U.S. District Court for the Central District of California Case number 2:18-cv-09918-PSG-AS

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Faruqi & Faruqi LLP U.S. District Court for the Central District of California

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