You could be entitled to a portion of a $6.3 million settlement from Johnson & Johnson if you’ve purchased Infants’ Tylenol between Oct. 3, 2014 and Jan. 6, 2020.
A class-action lawsuit claims Johnson & Johnson used deceptive packaging to market Infants’ Tylenol to new parents “by including text references to 'infants’ along with a picture of a mother holding her child,” according to TopClassActions.com.
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The lawsuit claims the packaging’s alleged misrepresentation caused parents to purchase Infants’ Tylenol at a higher price than Children’s Tylenol, despite the two medications having the same concentration of acetaminophen.
Johnson & Johnson has denied any wrongdoing saying 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,” according to the Infant’s Tylenol class action settlement website.
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Despite the denial, the company agreed to pay $6.315 million minus administrative costs, attorney fees and a service award for the named plaintiffs.
According to the settlement website, attorneys’ fees and expenses total $2,468,950. Named plaintiffs are seeking $4,000 each and, combined with administrative costs, an additional $516,000 could be paid from the claim fund.
The remaining balance is expected to be disseminated among consumers who may claim $2.15 for every 1 and 2 fl. oz bottle of Infants’ Tylenol purchased.
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Consumers can claim a maximum of 7 bottles, or $15.05, without proof of purchase, or an unlimited number of bottles with proof of purchase.
Claims must be submitted by April 13. The claim form can be found here.
A court hearing will be held May 11 to decide whether to approve the settlement, and if the settlement is approved there could be an appeal process.