A proposed settlement has been reached in a class action lawsuit about the packaging and advertising 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. Johnson & Johnson Consumer Inc. ("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.Top
You are included in the Settlement as a “Class Member” if you are in the United States and purchased Infants’ Tylenol for personal or household use at any time from October 3, 2014 to January 6, 2020.Top
The following persons are excluded from the Settlement Class: (a) Defendants, (b) the officers, directors, or employees of Defendants and their immediate families, (c) any entity in which Defendants have a controlling interest, (d) any affiliate, legal representative, heir, or assign of Defendants, (e) all federal court judges who have presided over this Action and their immediate families, (f) all persons who submit a valid request for exclusion from the Class, and (g) those who purchased Infants’ Tylenol for the purpose of resale or for use in a business setting.Top
JJCI will create a fund of up to $6.315 million. 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 1 and 2 fl. oz. bottle of Infants’ Tylenol purchased. A maximum of 7 bottles or $15.05 may be claimed without proof of purchase. An unlimited number of bottles may be claimed with proof of purchase for all Infants’ Tylenol purchases.
In addition, JJCI will use reasonably diligent efforts to modify the packaging of Infants’ Tylenol and commit to educating and informing consumers, in response to inquiries and complaints to JJCI’s Consumer Care Center (CCC) relating to comparisons of Infant’s Tylenol and Children’s Tylenol, that the liquid medicine within the bottles of both Infants’ Tylenol and Children’s Tylenol contains the same concentration of liquid acetaminophen.Top
You must submit a Claim Form by April 13, 2020 to get a cash payment. A copy of the Claim Form is included in the Notice Package. Claim Forms are also available on this website or by calling 1-866-458-2108.Top
Complete and submit a Claim Form online ,here at this website or complete and return the Claim Form postmarked no later than April 13, 2020. Be sure to include all of the information the Claim Form requests, as well as proof of purchase, if necessary.Top
The Claim Forms will be reviewed by an independent Claims Administrator according to criteria agreed to by the parties.
The Claims Administrator may contact you or other persons listed in your Claim Form if he or she needs additional information or otherwise want to verify information in your Claim Form.
The Claims Administrator’s determination is final.Top
The Court will hold a hearing on May 11, 2020 to decide whether to approve the settlement. If the Court approves the settlement, after that there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Please be patient.Top
If the total amount to be paid for claims is more than $6.315 million after the payment of administrative costs, attorneys’ fees and expenses to Class Counsel and a service award to each of the named plaintiffs, the payments to Class Members will be reduced pro rata such that each claimant would receive proportionally less than the amount he or she claimed.
If the Claim Fund is greater than the total amount to be paid for eligible claims, after accounting for and deducting the items described above, each Class Member’s award will be proportionally increased on a pro rata basis up to $6.99 for each 1 oz. bottle purchased and $9.99 for each 2 oz. bottle purchased (this amount is based on the MSRP for each size during the Class Period). First, all claims with proofs of purchase will be reimbursed up to $6.99 for a 1 oz. bottle and $9.99 for a 2 oz. bottle. If money remains in the Claim Fund Balance after the initial pro rata increase paid toward claims with proof of purchase, the remaining claims for bottles without proofs of purchase will be increased up to $6.99 for a 1 oz. bottle and $9.99 for a 2 oz. bottle.
If, after everyone sends in Claim Forms, the total of all approved claims is less than $6.315 million after the payment of administrative costs, attorneys’ fees to Class Counsel, and a service award paid to each of the named plaintiffs, the remaining settlement funds will be donated to Nurse Family Partnerships.Top
If you do nothing, you will not get any money from the settlement. But, unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Released Parties about the legal issues in this case, resolved by the Settlement and released by the Settlement Agreement.Top
If you do not wish to be included in the Class and you want to keep your right to sue the Released Parties separately, you must exclude yourself from the settlement. To do so, send a letter (1) clearly stating that you want to be excluded from this lawsuit; and (2) including your name, address, telephone number, signature, case name, and court number. Mail your exclusion request so it is postmarked no later than April 13, 2020 to:
Infants’ Tylenol Claims Administrator
P.O. Box 43511
Providence, RI 02940-3511
If you ask to be excluded, you will not get a settlement payment, and you will not be able to object to the settlement. You will not be legally bound by anything that happens in this lawsuit, and you may be able to sue (or continue to sue) the Defendants in the future.
If you have a pending lawsuit against the Defendants, speak to your lawyer immediately. You may need to exclude yourself from this lawsuit in order to continue your own lawsuit. Remember, the exclusion deadline is April 13, 2020.Top
The Court appointed the law firms of Milstein, Jackson, Fairchild & Wade, LLP and Heideman Nudelman & Kalik, PC to represent you and other Class Members. These lawyers are called Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.Top
Class Counsel will ask the Court to award them up to $2,083,950 in attorneys’ fees and up to $385,000 in expenses. The named plaintiffs will also ask the Court to award them a service award in an amount not to exceed $4,000 each for their time and effort acting as plaintiffs, and for their willingness to bring this litigation and act on behalf of consumers. If approved by the Court, these amounts, as well as the costs associated with administering the settlement (up to $516,000) will be paid from the Claim Fund.Top
If you are a Class Member, you can object to the settlement if you do not like any part of it and the Court will consider your views. To object, you must send a letter to the Court and the parties saying that you object to the settlement in Elkies v. Johnson & Johnson Services, Inc., Case No. 2:17-cv-7320-GW(JEMx). Your objection must also include:
(a) the name of this Action (Elkies v. Johnson & Johnson Services, Inc., Case No. 2:17-cv-7320-GW(JEMx));
(b) your full name, address, email address (if available) and signature;
(c) the reasons why you object to the settlement, accompanied by any legal support and any supporting papers, evidence and/or documents to support your objection;
(d) a statement that you are a Class Member, including all information required by the Claim Form;
(e) the name and address of any counsel representing you, including any former or current counsel who may be entitled to compensation for any reason relating to the objection;
(f) a statement confirming whether you or your counsel intends to personally appear and/or testify at the Final Approval Hearing;
(g) a detailed list of any other objections you and/or your counsel has submitted to any class actions, in any court, in any jurisdiction within the United States in the previous five years, or a statement confirming that you or your counsel have not objected to any other class action settlement in any court in the United States in the previous five years; and
(h) a list of persons who may be called to testify at the Final Approval Hearing in support of your objection.
Your objection must be filed with the Court at the address below no later than April 13, 2020. Copies of your objection must be sent to Class Counsel and Defense Counsel so they are postmarked by April 13, 2020.
Clerk of the Court,
United States District Court
Central District of California
350 West 1st Street
Los Angeles, CA 90012
Noel J. Nudelman
Tracy Reichman Kalik
Heideman Nudelman & Kalik, PC
1146 19th Street, NW, Fifth Floor
Washington, DC 20036
Matthew D. Powers
O'Melveny & Myers LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111
O'Melveny & Myers LLP
400 South Hope Street, 18th Floor
Los Angeles, CA 90071-2899
You can object to the Settlement and still submit a Claim Form on or before April 13, 2020. The Claim Form will be processed in the same way as all other Claim Forms. You cannot receive an extension to the deadline to submit a Claim Form merely because you also submit an objection.Top
Objecting is telling the Court that you do not like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class or the lawsuit. You cannot request exclusion and object to the settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.Top
If the Court approves the proposed settlement and you do not request to be excluded from the Class, you must release (give up) all claims that are subject to the Release, and the case will be dismissed on the merits and with prejudice. If you remain in the Class, you may not assert any of those claims in any other lawsuit or proceeding. This includes any other lawsuit or proceeding already in progress.Top
The Judge will hold a Final Approval Hearing at 8:30 a.m. on May 11, 2020 at the United States District Court for the Central District of California, 350 West 1st Street, Los Angeles, California 90012, in Courtroom 9D. At this hearing, the Judge will consider whether the settlement is fair, reasonable and adequate and whether to award Class Counsel’s requests for attorneys’ fees, expenses and service awards for the Class Representatives. If there are objections, the Judge will consider them. The Judge will listen to people who have asked to speak at the hearing. After the hearing, the Judge will decide whether to approve the settlement. We do not know how long this decision will take.Top
No. Class Counsel will answer questions the Judge may have. But, you are welcome to come at your own expense. If you submit an objection, you do not have to come to the Court to talk about it. As long as you delivered your written objection on time and with all of the requisite information, the Judge will consider it. You may also pay your own lawyer to attend, but it is not necessary.Top
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file with the Court a “Notice of Intention to Appear in Elkies v. Johnson & Johnson Services, Inc., Case No. 2:17-cv-7320-GW(JEMx).” Be sure to include your name, address, telephone number, your signature and a statement that you are a member of the Class (i.e., that you purchased Infants’ Tylenol during the Class Period). Your Notice of Intention to Appear must be postmarked no later than April 13, 2020, and be sent to the Clerk of the Court, Class Counsel, and Defense Counsel at the three addresses listed above.Top
More details are in the Stipulation of Settlement. You can get a copy of the Stipulation of Settlement by writing to Infants’ Tylenol Claims Administrator, P.O. Box 43511, Providence, RI 02940-3511, or on the Case Documents page of this website.
If you have questions about how to complete a Claim Form, you can call the Claims Administrator at 1-866-458-2108. You can also contact attorneys for the class at www.hnklaw.com and www.mjfwlaw.com.Top