(WHDH) — A proposed settlement has been reached in a class-action lawsuit over the packaging and advertising of Infants’ Tylenol.
Anyone who purchased the drug in the last five years may be entitled to part of a $6.3 million settlement, according to the Elkies v. Johnson & Johnson Services, Inc. Settlement.
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 and 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. has denied the 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.
Anyone in the United States who purchased Infants’ Tylenol for personal or household use at any time between Oct. 3, 2014, and Jan. 6, 2020, is entitled to a cash payment.
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.
Johnson & Johnson Consumer Inc. says it will use reasonably diligent efforts to modify the packaging of Infants’ Tylenol.
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