This case was last updated from U.S. District Courts on 12/06/2022 at 20:40:54 (UTC).

Morrison v. Johnson & Johnson Consumer Inc.

Case Summary

On August 29, 2022, Valerie Morrison (“Plaintiff”), on behalf of herself and all others similarly situated, represented by Caroline S. Emhardt, Jack Fitzgerald, Melanie R. Persinger, Paul K. Joseph, and Trevor M. Flynn of Fitzgerald Joseph LLP, filed a class action lawsuit against Johnson & Johnson Consumer Inc. (“J&J” or “Defendant”), seeking restitution, disgorgement of ill-gotten gains, and damages for alleged violation of the California Unfair Competition Law and of the Consumers Legal Remedies Act. This case was filed in the U.S. District Court for the Southern District of California with Judge Roger T. Benitez and Judge Ruben B. Brooks presiding.

In the complaint, the plaintiff stated, “Tylenol that J&J markets contain titanium dioxide (TiO2), a substance that, due to its opacity and light-reflecting characteristics, is used to enhance the whiteness of paint, plastics, paper products and certain foods and drugs.”

Plaintiff alleged, “Consumers are increasingly seeking products with non-toxic ingredients. A July 2017 consumer survey of over 1,600 consumers, conducted by ‘Made Safe’ and ‘Safer Chemicals, Healthy Families,’ found that 70% prioritize ‘free of certain toxic chemicals’ and ‘health/safety of the product’ when shopping. Despite knowing that safety concerns with additives are material to reasonable consumers, J&J regularly and intentionally omitted, and continues to omit, material information regarding safety concerns associated with consuming the TiO2 in Tylenol. Nowhere on the label of Tylenol containing TiO2 does J&J disclose those safety concerns.”

The plaintiff further alleged, “J&J is under a duty to disclose this information to consumers because J&J is revealing some information about its Tylenol products—enough to suggest they are safe—without revealing additional material information regarding safety concerns with the products’ TiO2. J&J’s deceptive omissions concern human health, and specifically the detrimental health consequences of consuming its Tylenol containing TiO2, J&J was in a superior position to know of the dangers presented by the TiO2 in its Tylenol, as it is a leading worldwide pharmaceutical and consumer goods company and J&J actively concealed material facts not known to Plaintiff and the Class.”

Plaintiff also alleged that “J&J failed to disclose the harm to the body’s immune system, digestive system, nervous system, respiratory system, and urinary system that is likely to result from the consumption of Tylenol in the customary and prescribed manners.”

Plaintiff presented eight claims for relief, including for the alleged violation of the California Unfair Competition Law, California False Advertising Law, and the Consumers Legal Remedies Act. The remaining claims related to the alleged breach of implied warranty, fraud, fraudulent inducement, fraudulent omission or concealment, and unjust enrichment.

In the prayer for relief, Plaintiff requested a judgment granting restitution. Plaintiff also requested an award for compensatory and punitive damages along with disgorgement of ill-gotten gains with costs of litigation.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-01276

  • Filing Date:

    08/29/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Referral Judge

Ruben B. Brooks

Presiding Judge

M. James Lorenz

 

Party Details

Plaintiff

Valerie Morrison

Defendant

Johnson & Johnson Consumer Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Caroline S. Emhardt

Jack Fitzgerald

Melanie Rae Persinger

Paul K. Joseph

Trevor Matthew Flynn

Defendant Attorneys

Jenna Smith

Jane M. Metcalf

Robert Kenneth Dixon

Steven A. Zalesin

 

Court Documents

1 #1

Main Document

1 #1

Info Sheet Civil Cover Sheet

1 #2

Affidavit Consumers Legal Remedies Act Venue Affidavit

#2

(#2) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mef)(jrd) (Entered: 08/29/2022)

#4

(#4) SUMMONS Returned Executed by Valerie Morrison. Johnson & Johnson Consumer Inc. served. (Flynn, Trevor) (fth). (Entered: 09/16/2022)

5 #5

Main Document

5 #1

Proposed Order

#6

(#6) ORDER granting #5 Joint Motion for Extension of Time to File Response to the Complaint. The deadline to respond to the Complaint is extended to November 3, 2022. Signed by Judge M. James Lorenz on 10/5/2022. (fth) (Entered: 10/05/2022)

#7

(#7) Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17229661.) (Application to be reviewed by Clerk.) (Zalesin, Steven) (Entered: 10/06/2022)

#8

(#8) Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17229665.) (Application to be reviewed by Clerk.) (Metcalf, Jane) (Entered: 10/06/2022)

#11

(#11) Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17233654.) (Application to be reviewed by Clerk.) (Smith, Jenna) (Entered: 10/07/2022)

#13

(#13) MOTION TO DISMISS by Johnson & Johnson Consumer Inc. (Dixon, Robert) Modified to correct event on 11/4/2022 (sjt). (Entered: 11/03/2022)

#14

(#14) NOTICE OF INTENT TO AMEND COMPLAINT by Valerie Morrison re #13 Motion to Dismiss (Joseph, Paul) (fth). (Entered: 11/17/2022)

#15

(#15) Joint MOTION for Extension of Time to Amend #14 Notice (Other) by Valerie Morrison. (Joseph, Paul) (fth). (Entered: 11/25/2022)

#16

(#16) Order Granting Joint Motion to Extend Deadline to Amend Complaint (ECF No. #15 ). The deadline for Plaintiffs to amend the Complaint is 12/2/22. Signed by Judge M. James Lorenz on 11/25/22. (jmo) (Entered: 11/25/2022)

#17

(#17) NOTICE of Voluntary Dismissal by Valerie Morrison with prejudice (Fitzgerald, Jack) (cxl1). (Entered: 12/02/2022)

4 More Documents Available
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Docket Entries

  • 12/02/2022
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  • Docket(#17) NOTICE of Voluntary Dismissal by Valerie Morrison with prejudice (Fitzgerald, Jack) (cxl1). (Entered: 12/02/2022)

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  • 11/25/2022
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  • Docket(#16) Order Granting Joint Motion to Extend Deadline to Amend Complaint (ECF No. #15 ). The deadline for Plaintiffs to amend the Complaint is 12/2/22. Signed by Judge M. James Lorenz on 11/25/22. (jmo) (Entered: 11/25/2022)

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  • 11/25/2022
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  • Docket(#15) Joint MOTION for Extension of Time to Amend #14 Notice (Other) by Valerie Morrison. (Joseph, Paul) (fth). (Entered: 11/25/2022)

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  • 11/17/2022
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  • Docket(#14) NOTICE OF INTENT TO AMEND COMPLAINT by Valerie Morrison re #13 Motion to Dismiss (Joseph, Paul) (fth). (Entered: 11/17/2022)

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  • 11/03/2022
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  • Docket(#13) MOTION TO DISMISS by Johnson & Johnson Consumer Inc. (Dixon, Robert) Modified to correct event on 11/4/2022 (sjt). (Entered: 11/03/2022)

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  • 10/07/2022

  • Docket(#12) PRO HAC APPROVED: Jenna Smith appearing for Defendant Johnson & Johnson Consumer Inc. (no document attached) (jrm) (Entered: 10/07/2022)

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  • 10/07/2022
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  • Docket(#11) Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17233654.) (Application to be reviewed by Clerk.) (Smith, Jenna) (Entered: 10/07/2022)

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  • 10/06/2022

  • Docket(#10) PRO HAC APPROVED: Jane M. Metcalf appearing for Defendant Johnson & Johnson Consumer Inc. (no document attached) (jrm) (Entered: 10/06/2022)

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  • 10/06/2022

  • Docket(#9) PRO HAC APPROVED: Steven A. Zalesin appearing for Defendant Johnson & Johnson Consumer Inc. (no document attached) (jrm) (Entered: 10/06/2022)

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  • 10/06/2022
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  • Docket(#8) Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17229665.) (Application to be reviewed by Clerk.) (Metcalf, Jane) (Entered: 10/06/2022)

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  • 10/06/2022
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  • Docket(#7) Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17229661.) (Application to be reviewed by Clerk.) (Zalesin, Steven) (Entered: 10/06/2022)

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  • 10/05/2022
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  • Docket(#6) ORDER granting #5 Joint Motion for Extension of Time to File Response to the Complaint. The deadline to respond to the Complaint is extended to November 3, 2022. Signed by Judge M. James Lorenz on 10/5/2022. (fth) (Entered: 10/05/2022)

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  • 10/04/2022
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  • Docket(#5) MOTION for Extension of Time to File Response to the Complaint by Johnson & Johnson Consumer Inc.. (Attachments: #1 Proposed Order)(Dixon, Robert)Attorney Robert Kenneth Dixon added to party Johnson & Johnson Consumer Inc.(pty:dft) QC Mailer - Proposed orders should not be attached (fth). (Entered: 10/04/2022)

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  • 09/16/2022
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  • Docket(#4) SUMMONS Returned Executed by Valerie Morrison. Johnson & Johnson Consumer Inc. served. (Flynn, Trevor) (fth). (Entered: 09/16/2022)

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  • 08/30/2022

  • Docket(#3) MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge M. James Lorenz for all further proceedings. The new case number is 22cv1276-L-RBB.(no document attached) (ddf) (Entered: 08/30/2022)

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  • 08/29/2022
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  • Docket(#2) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mef)(jrd) (Entered: 08/29/2022)

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  • 08/29/2022
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  • Docket(#1) COMPLAINT With Jury Demand Against Johnson & Johnson Consumer Inc. (Filing fee $402.00 receipt number ACASDC-17120088.), filed by Valerie Morrison. (Attachments: #1 Civil Cover Sheet, #2 Consumers Legal Remedies Act Venue Affidavit)The new case number is 3:22-cv-1276-BEN-RBB. Judge Roger T. Benitez and Magistrate Judge Ruben B. Brooks are assigned to the case. (Fitzgerald, Jack)(mef)(jrd) (Entered: 08/29/2022)

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