NEW YORK (Legal Newsline) — Johnson & Johnson is facing a consumer class action lawsuit alleging the company is selling its Neutrogena-brand baby formula sunscreen at nearly double the price of its adult formula sunscreen even though the products have nearly identical ingredients.
Cecilia Yang, individually and on behalf of all others similarly situated, filed a complaint in the U.S. District for the Eastern District of New York against Johnson & Johnson Consumer Inc., alleging violation of state consumer fraud acts, unjust enrichment and other claims.
Yang alleges in her class action that Johnson & Johnson's zinc oxide SPF 50 sunscreens sold under the Neutrogena brand "Pure & Free Baby" and "Mineral Ultra Sheer" contain nearly identical ingredients but are sold "at dramatically different prices." Specifically, Yang claims Johnson & Johnson sells its "baby version" sunscreen for twice as much as the "adult version" and misleadingly markets the sunscreen as specially formulated for use in babies.
She alleges Johnson & Johnson misrepresents the attributes and qualities of the baby and adult version sunscreens with their labeling which caused consumers to pay more for the baby version when they believed it was designed for the unique needs of babies. She further alleges consumers relied on Johnson & Johnson's packaging, which falsely leads them to believe the products are different when they contain the same amount of sunscreen and 12 other identical inactive ingredients.
Yang and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York, and James Chung of The Law Office of James Chung in Bayside, New York.
U.S. District for the Eastern District of New York Brooklyn Division case number 1:22-CV-07070-HG