This case was last updated from PACER on 12/04/2020 at 08:30:13 (UTC).

Colello v. Johnson & Johnson et al

Case Summary

On September 8, 2021, Christine Goodwin and Christina T. Geloso (“Plaintiffs”), individually and on behalf of all others similarly situated, represented by Christopher Dean Glover of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., filed a class action lawsuit against Johnson & Johnson Consumer Inc. (“JJCI” or “Defendant”). Plaintiffs filed suit seeking injunctive relief and damages along with costs among other relief for the alleged negligence of Defendants in manufacturing products that were injurious to health. This case was filed in the United States District Court in the District of New Jersey with Judges Lois H. Goodman and Lois H. Goodman presiding. 

 

In the complaint, Plaintiffs alleged that, “Valisure is an independent pharmaceutical laboratory, registered with the FDA, whose scientists analyze the safety of various consumer products. Recently, Valisure conducted a study on the potential carcinogenicity of active ingredients in a variety of sunscreens and after sun products, including numerous products manufactured, marketed, and sold by JJCI” and “During its study, Valisure detected high levels of benzene in several JJCI product batches.”

 

Further Plaintiffs alleged that, “JJCI’s failure to prevent the presence of benzene in the Products, and its continued sale of these dangerous and illegal products, constitutes actionable fraud. As of the date of this filing, JJCI continues to mislead and defraud consumers by making affirmative misrepresentations that portray the product as safe, and omitting from the Products’ packaging and marketing materials information about the actual danger of the Products, including any warning to consumers that the Products may contain unacceptable levels of benzene rendering them adulterated, misbranded and illegal.”

 

Plaintiffs also alleged that, “The presence of benzene has rendered the Products adulterated, misbranded, and unlawful for sale. JJCI’s conduct with respect to the Products has caused economic damages to Plaintiffs and the putative Class” and “Plaintiff and the Classes paid for suncare products free of carcinogens. Because JJCI sold them products that may contain dangerous levels of benzene, Plaintiff and the Classes were deprived of the benefit of their bargain.”

 

There are two claims for relief laid down by the plaintiffs, individually and on behalf of the class. The first claim is for the alleged violation of Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. §§ 501.201-213 on behalf of the Nationwide Subclass and Florida Subclass. The second claim is for alleged unjust enrichment on behalf of Nationwide Subclass and Florida Subclass. 

 

In its prayer for relief, Plaintiffs requested the court for an order certifying this action as a class action lawsuit and appointing Plaintiffs as representatives of the class. Further, Plaintiffs requested the court for declaratory relief and injunctive relief along with restitution/damages to restore all funds acquired by means of any act or practice declared by the court to be an unlawful, unfair, or fraudulent business act or practice, untrue or misleading advertising in violation of the FDUTPA. Plaintiff also requested the court to order Defendant for disgorgement of all ill-gotten benefits and also a judgement to pay all actual and statutory damages along with prejudgement and post-judgement interests, costs, and attorneys’ fees, and any other relief the court deems just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:20-CV-13961

  • Filing Date:

    10/05/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical/Pharmaceutical Product Liability

Judge Details

Referral Judge

Lois H. Goodman

Presiding Judge

Freda L. Wolfson

 

Party Details

Plaintiff

Melissa Colello

Defendants

JOHNSON & JOHNSON CONSUMER, INC.

JOHNSON & JOHNSON

JOHNSON & JOHNSON CONSUMER COMPANIES INC.

In Re

JOHNSON & JOHNSON TALCUM POWDER PRODUCTS MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION

Attorney/Law Firm Details

Plaintiff Attorneys

JOSEPH ANTHONY OSBORNE

Attorney at COUNSEL NOT ADMITTED TO USDC-NJ BAR

433 Plaza Real, Suite 271

Boca Raton, FL 33432

J. Robert Bell, III

Attorney at Osborne , Associates Law Firm, P.A.

433 Plaza Real Suite 271

Boca Raton, FL 33432

SEJAL K. BRAHMBHATT

Attorney at COUNSEL NOT ADMITTED TO USDC-NJ BAR

8441 Gulf Freeway, 6Th Floor

Houston, TX 77017

Defendant Attorneys

Sarah Butler O'Rourke

100 North Tampa St Ste. 2900

Tampa, FL 33602

Brian Guthrie

Attorney at Shook, Hardy & Bacon L.L.P.

100 N. Tampa St., Suite 2900

Tampa, FL 33602

Jennifer Ann McLoone

Attorney at Shook, Hardy & Bacon L.L.P.

201 South Biscayne Blvd, Suite 3200

Miami, FL 33131

Vanessa Offutt

Attorney at Shook, Hardy and Bacon

201 S. Biscayne Blvd., Ste. 3200

Miami, FL 33131

SCOTT A. JAMES

Attorney at COUNSEL NOT ADMITTED TO USDC-NJ BAR

600 Travis Street, Suite 3400

Houston, TX 77002-2926

 

Court Documents

#15

(#15) NOTICE of Appearance by SEJAL K. BRAHMBHATT on behalf of Melissa Colello (BRAHMBHATT, SEJAL) (Entered: 10/13/2020)

#14

(#14) Clerk's Notice to Counsel. (dm ) (Entered: 10/13/2020)

#13

(#13) NOTICE of Appearance by SCOTT A. JAMES on behalf of JOHNSON & JOHNSON, JOHNSON & JOHNSON CONSUMER, INC. (JAMES, SCOTT) (Entered: 10/06/2020)

12 #1

*Restricted*

#12

(#12) Certified Copy of Transfer Order and docket received, Case transferred in from District of Florida Southern; Case Number 0:20-cv-61890. Original file certified copy of transfer order and docket sheet received. (Entered: 10/05/2020)

#11

(#11) CONDITIONAL TRANSFER ORDER (CTO-230) transferring case to the District of New Jersey re: MDL 2738 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Freda L. Wolfson. (Signed by John W. Nichols, Clerk of the Panel). (pes) (Entered: 10/02/2020)

#10

(#10) ORDER granting #8 Motion to Stay All Proceedings Pending Transfer to MDL. Signed by Judge Rodolfo A. Ruiz, II on 9/22/2020. See attached document for full details. (kbm) (Entered: 09/22/2020)

8 #3

Exhibit C

8 #2

Exhibit B

8 #1

Exhibit A

#8

(#8) Unopposed MOTION to Stay All Proceedings Pending Transfer To MDL And Incorporated Memorandum Of Law by Johnson & Johnson, Johnson & Johnson Consumer, Inc.. Responses due by 10/6/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McLoone, Jennifer) (Entered: 09/22/2020)

#6

(#6) Notice of Pending, Refiled, Related or Similar Actions by Johnson & Johnson, Johnson & Johnson Consumer, Inc. (McLoone, Jennifer) (Entered: 09/17/2020)

#5

(#5) Certificate of Other Affiliates/Corporate Disclosure Statement by Johnson & Johnson Consumer, Inc. identifying Corporate Parent Johnson & Johnson for Johnson & Johnson Consumer, Inc. (McLoone, Jennifer) (Entered: 09/17/2020)

#4

(#4) Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Johnson & Johnson (McLoone, Jennifer) (Entered: 09/17/2020)

#3

(#3) ANSWER and Affirmative Defenses to Complaint with Jury Demand by Johnson & Johnson, Johnson & Johnson Consumer, Inc.. (McLoone, Jennifer) (Entered: 09/17/2020)

1 #4

Exhibit 3

1 #2

Exhibit 1

1 #1

Civil Cover Sheet

11 More Documents Available
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Docket Entries

  • 10/13/2020
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  • Docket(#15) NOTICE of Appearance by SEJAL K. BRAHMBHATT on behalf of Melissa Colello (BRAHMBHATT, SEJAL) (Entered: 10/13/2020)

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  • 10/13/2020
  • View Court Documents
  • Docket(#14) Clerk's Notice to Counsel. (dm ) (Entered: 10/13/2020)

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  • 10/06/2020
  • DocketChief Judge Freda L. Wolfson and Magistrate Judge Lois H. Goodman added. (jjc, ) (Entered: 10/06/2020)

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  • 10/06/2020
  • View Court Documents
  • Docket(#13) NOTICE of Appearance by SCOTT A. JAMES on behalf of JOHNSON & JOHNSON, JOHNSON & JOHNSON CONSUMER, INC. (JAMES, SCOTT) (Entered: 10/06/2020)

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  • 10/05/2020
  • View Court Documents
  • Docket(#12) Certified Copy of Transfer Order and docket received, Case transferred in from District of Florida Southern; Case Number 0:20-cv-61890. Original file certified copy of transfer order and docket sheet received. (Entered: 10/05/2020)

    Read MoreRead Less
  • 10/02/2020
  • View Court Documents
  • Docket(#11) CONDITIONAL TRANSFER ORDER (CTO-230) transferring case to the District of New Jersey re: MDL 2738 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Freda L. Wolfson. (Signed by John W. Nichols, Clerk of the Panel). (pes) (Entered: 10/02/2020)

    Read MoreRead Less
  • 09/22/2020
  • View Court Documents
  • Docket(#10) ORDER granting #8 Motion to Stay All Proceedings Pending Transfer to MDL. Signed by Judge Rodolfo A. Ruiz, II on 9/22/2020. See attached document for full details. (kbm) (Entered: 09/22/2020)

    Read MoreRead Less
  • 09/22/2020
  • View Court Documents
  • Docket(#9) PAPERLESS ORDER canceling status conference set for Tuesday, September 22, 2020 at 4:00 P.M. in light of #8 Unopposed Motion to Stay All Proceedings Pending Transfer to MDL and Incorporated Memorandum of Law. Signed by Judge Rodolfo A. Ruiz, II on 9/22/2020. (kbm) (Entered: 09/22/2020)

    Read MoreRead Less
  • 09/22/2020
  • View Court Documents
  • Docket(#8) Unopposed MOTION to Stay All Proceedings Pending Transfer To MDL And Incorporated Memorandum Of Law by Johnson & Johnson, Johnson & Johnson Consumer, Inc.. Responses due by 10/6/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McLoone, Jennifer) (Entered: 09/22/2020)

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  • 09/21/2020
  • Docket(#7) PAPERLESS ORDER SETTING TELEPHONIC STATUS CONFERENCE for Tuesday, September 22, 2020 at 4:00 P.M. The parties are instructed to call 1-877-402-9753 by no later than 3:55 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) for clarity. Signed by Judge Rodolfo A. Ruiz, II on 9/21/2020. (kbm) (Entered: 09/21/2020)

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  • 09/17/2020
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  • Docket(#6) Notice of Pending, Refiled, Related or Similar Actions by Johnson & Johnson, Johnson & Johnson Consumer, Inc. (McLoone, Jennifer) (Entered: 09/17/2020)

    Read MoreRead Less
  • 09/17/2020
  • View Court Documents
  • Docket(#5) Certificate of Other Affiliates/Corporate Disclosure Statement by Johnson & Johnson Consumer, Inc. identifying Corporate Parent Johnson & Johnson for Johnson & Johnson Consumer, Inc. (McLoone, Jennifer) (Entered: 09/17/2020)

    Read MoreRead Less
  • 09/17/2020
  • View Court Documents
  • Docket(#4) Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Johnson & Johnson (McLoone, Jennifer) (Entered: 09/17/2020)

    Read MoreRead Less
  • 09/17/2020
  • View Court Documents
  • Docket(#3) ANSWER and Affirmative Defenses to Complaint with Jury Demand by Johnson & Johnson, Johnson & Johnson Consumer, Inc.. (McLoone, Jennifer) (Entered: 09/17/2020)

    Read MoreRead Less
  • 09/16/2020
  • Docket(#2) Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (cds) (Entered: 09/17/2020)

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  • 09/16/2020
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  • Docket(#1) NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number AFLSDC-13535405, filed by Johnson & Johnson Consumer, Inc. f/k/a Johnson & Johnson Consumer Companies, Inc., Johnson & Johnson. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(McLoone, Jennifer) Modified on 9/17/2020 (cds). No Answer Filed./Motion to Dismiss Filed(See Exh.2) (Entered: 09/16/2020)

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