Langan v. Johnson & Johnson Consumer Companies, Inc.
Aveeno® Wash Settement
Case No. 13-cv-01471 (JAM)

Frequently Asked Questions

 

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  • On February 4, 2019, the Court approved a proposed settlement in a class action lawsuit about the labeling of Aveeno® Baby Wash and Shampoo and Aveeno® Baby Calming Comfort Bath (collectively, the “Products”). The plaintiff in the lawsuit asserts that the Products’ labels were false or misleading before they were changed (in November of 2012 for the Wash and Shampoo Product, and in November of 2013 for the Calming Comfort Bath Product), by claiming that the Products were a “Natural Oat Formula.” Defendant Johnson & Johnson Consumer Companies, Inc. (“J&JCC” or “Defendant”) denies all the plaintiff’s allegations and is entering into this settlement, among other reasons, to avoid burdensome and costly litigation. The settlement is not an admission of wrongdoing.

     

  • You are a member of the Settlement Class if you purchased at least one of the Products primarily for personal, family or household purposes during the following periods (“Class Periods”) applicable to one of the states listed below:

    Aveeno® Baby Calming Comfort Bath purchased in one or more of the following states, and only during the dates listed for each state: Alaska (1/25/2011 - 10/31/2013); California, Connecticut, Delaware, the District of Columbia, Illinois, New York, Wisconsin (1/25/2010 - 10/31/2013); Florida, Hawaii, Massachusetts, Washington (1/25/2009 - 10/31/2013); Arkansas, Missouri (1/25/2008 - 10/31/2013); Michigan, New Jersey, Vermont (1/25/2007 - 10/31/2013); and Rhode Island (1/25/2003 - 10/31/2013).

    Aveeno® Baby Wash and Shampoo purchased in one or more of the following states, and only during the dates listed for each state: Alaska (1/25/2011 - 10/31/2012); California, Connecticut, Delaware, the District of Columbia, Illinois, New York, Wisconsin (1/25/2010 - 10/31/2012); Florida, Hawaii, Massachusetts, Washington (1/25/2009 - 10/31/2012); Arkansas, Missouri (1/25/2008 - 10/31/2012); Michigan, New Jersey, Vermont (1/25/2007 - 10/31/2012); and Rhode Island (1/25/2003 - 10/31/2012).

    The following persons are excluded from the Class: (a) Defendant; (b) the officers, directors, or employees of Defendant; (c) any entity in which Defendant has a controlling interest; (d) any affiliate or legal representative of Defendant; and (e) the judge to whom this case is assigned and any member of the judge’s immediate family; (f) all persons who submit a valid request for exclusion from the Class; and (g) those who purchased the Products for the purpose of resale.

  • Plaintiff and J&JCC entered into a Joint Stipulation of Settlement on December 17, 2018. If the proposed settlement is approved by the Court and the settlement becomes final, J&JCC will create a settlement fund of $2,400,000 to pay Class Members’ claims, attorneys’ fees, costs and expenses and certain administrative costs. You may obtain a cash payment from the fund if you purchased one of the Products in the jurisdictions and during the time period specified above (see FAQ 2). The amount of your payment will depend on the statements in your Claim Form and the support you may provide, as well as on the total volume of valid claims received.

  • You must return a Claim Form to get a cash payment. Claim Forms can be submitted online via the File a Claim page or downloaded from the Important Documents page and mailed to:

    Aveeno Wash Settlement
    c/o JND Legal Administration
    PO Box 91248
    Seattle, WA 98111-9348

    If you would like to request a Claim Form, call the Settlement Administrator at 1-833-291-1650 toll-free.

    All Claim Forms must be submitted or postmarked by June 17, 2019.

    You may claim up to fifteen (15) Products per household without submitting any proof of purchase, but you may claim more than fifteen (15) Products per household if you submit valid proof of your purchases along with your Claim Form. The Settlement Administrator may request additional information if the Claim Form is insufficient to process your claim. Failure to provide any requested documentation may result in the denial of your claim and may limit the type of remedy you receive.

    Please submit a Claim Form if you think that you have a claim. Submitting a Claim Form is the only way to receive a cash payment from this settlement. No claimant may submit more than one Claim Form, and two or more claimants may not submit Claim Forms for the same alleged damage.

  • Claim Forms will be reviewed by the Settlement Administrator according to criteria agreed to by the parties. The Settlement Administrator may contact you or other persons listed in your Claim Form if additional information is needed or to verify information in your Claim Form.

    If the Settlement Administrator denies your claim, you may send a letter to the Settlement Administrator requesting reconsideration of the rejection. The Settlement Administrator shall review your request in consultation with Class Counsel and Defendant’s Counsel. The parties shall meet and confer regarding resolution of those Claims and, if unable to agree, the Settlement Administrator will make the final determination.

  • The Court will hold a hearing on July 1, 2019 at 2:00 p.m. (ET) 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.

  • After payment of court-approved Attorneys’ Fees, Costs and Expenses and certain administration costs related to maintenance of the Settlement Fund and payment of the costs of notice and claims administration, the balance of the Settlement Fund will be distributed to Class Members whose Claims have been approved on the basis of the number of Products that they purchased, verified as necessary by the Settlement Administrator.

    Class members may receive $1 for each Product purchased. Class members may receive $1 for each Product purchased. Class members may recover for up to fifteen (15) Products per household by submitting proofs of purchase along with their Claim Forms. The balance of the Settlement Fund will be paid out in full to satisfy the timely claims that are approved by the Settlement Administrator. To the extent that the approved claims, in the aggregate, either exceed or fall short of the balance of the Settlement Fund, each Approved Claim will be increased or decreased pro rata.

    Further details about allocation can be found in Exhibit A to the Joint Stipulation of Agreement, which is available for download on the Important Documents page.

  • You must submit a Claim Form to receive a cash payment. If you do nothing, you will get no 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 J&JCC about the legal issues in this case.

  • If you do not wish to be included in the Class and receive settlement benefits, you must send a letter to the Settlement Administrator requesting exclusion. Your letter must include your name, email and mailing address, expressly include a statement that you desire to be excluded from the Settlement Class, and your signature. The exclusion request must be mailed and postmarked no later than June 17, 2019, and sent to the Settlement Administrator at:

    Aveeno Wash Settlement
    c/o JND Legal Administration
    PO Box 91248
    Seattle, WA 98111-9348

    If you ask to be excluded, you will not get a cash payment and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) J&JCC in the future for matters that would otherwise be covered by Release.

    If you have a pending lawsuit against J&JCC, speak to your lawyer immediately. You may need to exclude yourself from this lawsuit in order to continue your own lawsuit. 

  • If the Court approves the proposed settlement and you do not request to be excluded from the Settlement Class, you are releasing (giving 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 Settlement 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.

    The text of the Release is reprinted in full at Appendix A to the Class Notice, which is available for download on the Important Documents page.

  • 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 file a written objection with the Court. Objections must include:

    1. the case caption Langan v. Johnson & Johnson Consumer Companies, Inc., No. 13-cv-01471 (JAM);
    2. your name, address, telephone number, and if represented by counsel, the name of your counsel;
    3. a statement that you purchased the Products during the Class Period and in a jurisdiction or jurisdictions described in the Settlement Class definition (see FAQ 2);
    4. a statement indicating whether you intend to appear at the Final Approval Hearing, either in person or through counsel;
    5. a statement providing the reasons for your objection;
    6. copies of any papers, briefs, or other documents you want the Court to consider in connection with your objection;
    7. the name and case number of all objections to class action settlements made by either you or your counsel in the past five (5) years (if any); and
    8. your signature.

     

    All objections must be filed with the Court no later than June 17, 2019.

    Clerk of the Court
    U.S. District Court for the District of Connecticut
    Richard C. Lee United States Courthouse
    141 Church Street
    New Haven, CT 06510

  • Objecting tells the Court that you do not like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself tells the Court that you do not want to be part of the Settlement 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 lawsuit no longer affects you.

  • Yes. The Court appointed the law firm of Izard, Kindall & Raabe, LLP 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.

  • Class Counsel will ask the Court to award them attorneys’ fees from the Settlement Fund established as a result of this Litigation, in an amount not to exceed 30% of the Settlement Amount, as well as reimbursement of litigation costs and expenses not to exceed $225,000.

    Named Plaintiff Heidi Langan will request that the Court award her a payment from the Settlement Fund of $5,000 for her five years of time and effort acting as plaintiff and for her willingness to bring this litigation and act on behalf of consumers.

    The costs to administer the settlement, to review Claim Forms, and notify Class Members about this settlement will also be paid out of the Settlement Fund.

  • The Court will hold a Final Approval Hearing on July 1, 2019 at 2:00 p.m (ET), at the United States District Court for the District of Connecticut, Richard C. Lee United States Courthouse 141 Church Street, New Haven, CT 06510. At this hearing, the Judge will consider whether the settlement is fair, reasonable and adequate. 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.

  • 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, the Judge will consider it. You may also pay your own lawyer to attend, but it is not necessary.

  • You may ask the Court for permission to speak at the Final Approval Hearing, either personally or through your counsel. To do so, you must file with the Court a “Notice of Intention to Appear” in Langan v. Johnson & Johnson Consumer Companies, Inc., No. 13-cv-01471 (JAM). You must include your name, address, telephone number, your signature, and a statement under penalty of perjury that you are a member of the Class (i.e. that you purchased one of the Products). 

    All Notices of Intention to Appear must be filed with the Court and served on Class Counsel and Defense Counsel by June 17, 2019.
     

    Class Counsel
    Mark P. Kindall
    IZARD, KINDALL & RAABE, LLP
    29 South Main Street, Suite 305
    West Hartford, CT 06107
    Telephone: 860-493-6292

    Defense Counsel
    Harold P. Weinberger
    KRAMER LEVIN NAFTALIS & FRANKEL LLP
    1177 Avenue of the Americas
    New York, NY 10036
    hweinberger@kramerlevin

    Clerk of the Court
    Clerk of the Court
    U.S. District Court for the District of Connecticut
    Richard C. Lee United States Courthouse
    141 Church Street
    New Haven, CT 06510

  • Further details about the proposed settlement can be found in the Joint Stipulation of Agreement, which is available for download on the Important Documents page.

    If you would like to request certain documents for this case or have additional questions, including how to complete the Claim Form, call the Settlement Administrator at 1-833-291-1650 toll-free or write to:

    Aveeno Wash Settlement
    c/o JND Legal Administration
    PO Box 91248
    Seattle, WA 98111-9348

    You can also contact Class Counsel at 860-493-6292.

     

    PLEASE DO NOT CALL OR WRITE TO THE COURT FOR INFORMATION OR ADVICE.

For More Information

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Mail

Aveeno Wash Settlement
c/o JND Legal Administration
PO Box 91248
Seattle, WA 98111