September 2019: Plaintiffs moved for preliminary approval of a proposed settlement agreement. According to its terms, class members with proof of purchase may receive $2.15 for every bottle of Infants’ Tylenol purchased while class members without proof of purchase may receive $2.15 for up to seven bottles purchased (or a maximum award of $15.05). In addition, the company agreed to make changes to marketing materials for a period of two years, including modifying the image on the packaging for Infants’ Tylenol so that the child shown is at least two years old and disclosing on its websites and dosage charts for healthcare providers, as well as to consumers who complain or inquire, that the Infants’ and Children’s medicines contain the same concentration of acetaminophen.
November 2017: Plaintiffs filed an amended complaint similarly alleging that Infants’ Tylenol is marketed as “specially formulated for babies” when, according to the complaint, it is the same as the Children’s Tylenol.
October 2017: A class-action lawsuit was filed against Johnson & Johnson Consumer Inc. for allegedly deceptively representing that Children’s Tylenol and Infants’ Tylenol are different products in order to get consumers to pay more for Infants’ Tylenol when, according to plaintiffs, the medicines contain the same ingredients and the same dosages. (Elkies et al v. Johnson & Johnson Services, Inc. and Johnson & Johnson Consumer Inc., Case No. 17-cv-7320, C. D. Cal.)
For more of TINA.org’s coverage of the marketing of Tylenol products, click here.