Rony Elkies and Danielle Alfandry, individually and on behalf of all others situated v. Johnson & Johnson Services Inc.; Johnson & Johnson Consumer Inc.; and Does 1 through 100, inclusive
Published: Mar. 20, 2020 | Result Date: Oct. 24, 2019 |Case number: 2:17-cv-07320-GW-JEM Settlement – $6,300,000
Judge
Court
CD CA
Attorneys
Plaintiff
Richard D. Heideman
(Heideman, Nudelman & Kalik PC)
Noel J. Nudelman
(Heideman, Nudelman & Kalik PC)
Tracy R. Kalik
(Heideman, Nudelman & Kalik PC)
Defendant
Matthew D. Powers
(O'Melveny & Myers LLP)
Joseph R. O'Connor
(O'Melveny & Myers LLP)
Hannah Y. Chanoine
(O'Melveny & Myers LLP)
Facts
Rony Elkies, Danielle Alfandry, and similarly situated consumers filed a lawsuit against Johnson & Johnson regarding labeling issues with their children-marketed Tylenol.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that Tylenol specially marketed a subset of Tylenol known as Tylenol infant. Plaintiff contended that Tylenol infant and Tylenol children contained no formulaic differences. Plaintiffs contended this constituted false and misleading advertising under various California business statutes.
DEFENDANT'S CONTENTIONS: Defendant contended that its labeling was not false or deceptive. Defendant contended that its product was appropriate for infants and children.
Result
The parties reached a settlement agreement. Defendant agreed to pay $6.3 million to settle the plaintiff class' claims.
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