LOS ANGELES, Dec. 16, 2019 /PRNewswire-HISPANIC PR WIRE/ — Milstein, Jackson, Fairchild & Wade, LLP of Los Angeles, CA and Heideman Nudelman & Kalik, PC of Washington, DC announce that a proposed settlement has been reached with Johnson & Johnson Services, Inc. and Johnson & Johnson Consumer Inc. (“JJCI”) about the packaging of Infants’ Tylenol. The plaintiffs in the lawsuit claim that the Infants’ Tylenol packaging (the text “Infants” and a picture of a mother holding her baby) deceives consumers into believing Infants’ Tylenol is unique/specially formulated for infants, when the bottle contains liquid acetaminophen of the same concentration in Children’s Tylenol, and therefore causes consumers to overpay for Infants’ Tylenol. JJCI denies all the plaintiffs’ allegations of deception, and asserts that the safety features of Infants’ Tylenol, especially the accompanying syringe for safe dosing of very young children, means Infants’ and Children’s are different products. The settlement is not an admission of wrongdoing.
You are included in the settlement as a “Class Member” if you are in the United States and bought Infants’ Tylenol at any time for personal or household use between October 3, 2014 and January 6, 2020.
A $6.315 million fund will be created, and JJCI has agreed to injunctive relief. After deducting administrative costs, Class Counsel’s attorneys’ fees and expenses, and service awards for the named plaintiffs, the balance will be used to pay Class Member claims. Class Members may claim $2.15 for every bottle of Infants’ Tylenol purchased up to a maximum of 7 bottles ($15.05) without proof of purchase or an unlimited number of bottles with proof of purchase. You must submit a Claim Form by April 13, 2020, to receive a settlement payment.
If you are a Class Member and do not submit a Claim Form, your rights will be affected but you will not get a settlement payment. If you do not want to be legally bound by the settlement, you must exclude yourself from it by April 13, 2020. If you stay in the settlement (do not exclude yourself), you may object to the settlement by April 13, 2020.
For more information, go to www.InfantsTylenolSettlement.com or call 1-866-458-2108.
Elkies v. Johnson and Johnson Services, Inc., Case No. 2:17-cv-07320 (C.D. Cal.).
SOURCE Milstein, Jackson, Fairchild & Wade, LLP
