Neutrogena Lawsuit Claims T/Sal Therapeutic Shampoo Falsely Advertised as ‘Preservative-Free’
Gonick v. Johnson & Johnson Consumer Inc.
Filed: January 16, 2024 ◆§ 1:24-cv-00312
A proposed class action lawsuit alleges Neutrogena T/Sal Therapeutic Shampoo has been falsely advertised as “preservative-free.”
A proposed class action lawsuit alleges Neutrogena T/Sal Therapeutic Shampoo has been falsely advertised as “preservative-free” despite containing citric acid, a well-known preservative commonly used in hair products.
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The 15-page lawsuit against Johnson & Johnson Consumer contends that the “preservative-free” claim found on product packaging is meant to “induce” health-conscious buyers into purchasing the shampoo. Per the case, J&J Consumer markets the Neutrogena T/Sal Therapeutic Shampoo in a “systematically misleading manner” and has “profited unjustly as a result of its deceptive conduct.”
According to the complaint, citric acid is commonly added as an acidulant to extend the shelf life of cosmetics and skincare items. The filing says the Food and Drug Administration (FDA) has recognized citric acid as an alpha hydroxy acid that “can function as a pH adjuster in cosmetics,” inhibiting the growth of microorganisms.
Further, citric acid acts as an antioxidant by inhibiting enzymes and chelating metals and has certain antimicrobial properties that inhibit the growth of some bacteria and mold, the suit adds.
Overall, the citric acid found in the Neutrogena shampoo functions as a preservative, regardless of Johnson & Johnson Consumer’s purpose or intent in adding it to the product, the lawsuit states.
As the case tells it, J&J Consumer aims to “capitalize on consumers’ preference for products with no preservatives” amid a “clean” cosmetics market that has experienced substantial growth in recent years. Accordingly, the suit says, the company’s marketing representations are material to reasonable consumers.
“The global sale of ‘clean’ beauty products is forecasted to reach $22 billion by 2024,” the filing says. “Thus, consumers are willing to pay a premium for healthy, preservative-free skin care and cosmetic products, as they hoped for in purchasing the [Neutrogena T/Sal shampoo].”
The lawsuit looks to cover all consumers in the United States who bought Neutrogena T/Sal Therapeutic Shampoo within the applicable statute of limitations period.
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Hair Relaxer Lawsuits
Women who developed ovarian or uterine cancer after using hair relaxers such as Dark & Lovely and Motions may now have an opportunity to take legal action.
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