California Infants' Tylenol Class Action

Frequently Asked Questions

  1. Why is the notice issued?
  2. What is a class action?
  3. Why is this lawsuit a class action?
  4. What is the lawsuit about?
  5. How does J&J answer?
  6. Has the Court decided who is right?
  7. What are the Plaintiffs asking for on behalf of the Class?
  8. Is there any money available now?
  9. How do I know if I am part of the Class?
  10. What happens if I do nothing at all?
  11. What happens if I exclude myself?
  12. How do I ask to be excluded?
  13. Do Class Members have a lawyer in this case?
  14. Should I get my own lawyer?
  15. How will the lawyers be paid?
  16. How and when will the Court decide the case?
  17. Do I have to come to Court?
  18. Will I get money after the trial?
  19. Is more information about the lawsuit available?
  1. Why is the notice issued?

    The notice was issued because a Court has “certified” this case as a class action lawsuit and your rights may be affected. If you purchased, in California, Infants’ Tylenol for personal use (i.e. not for resale) anytime since October 3, 2014, you may have legal rights and options in this case before the judge or a jury decides the claims being made against J&J. This website explains all of these things.

    Judge George H. Wu of the United States District Court for the Central District of California is overseeing this class action. The case is known as Elkies v. Johnson and Johnson Services, Inc., Case No. 2:17-cv-07320. The people who sued are called the Plaintiffs. The companies they sued—Johnson & Johnson Services, Inc. and Johnson & Johnson Consumer Inc.—are called the Defendants or J&J.

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  2. What is a class action?

    In a class action, one or more people, called Class Representatives (in this case Rony Elkies and Danielle Alfandary), are suing on behalf of all people who have similar claims. Together, these people are called a Class or Class members. One court resolves the issues for all Class members, except for those who exclude themselves from the Class.

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  3. Why is this lawsuit a class action?

    The Court decided that this lawsuit could move toward trial as a class action because it meets the numerosity, commonality, typicality, and adequacy requirements of Federal Rule of Civil Procedure 23. For example, the Court ruled that the Class is so large or “numerous” that getting all Class members together is impracticable; that there are questions of law and fact that are “common” to the Class; that the claims of the Class Representatives and the defenses to those claims by J&J are “typical” to the claims of the Class and the defenses to those claims by J&J; and that the lawyers for the Class will fairly and “adequately” protect the interests of all Class members. More information about why this is a class action can be found in the Court’s Class Certification Order, which is available in the "Case Documents" section of the website.

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  4. What is the lawsuit about?

    The lawsuit claims that representations on the front of the Infants' Tylenol packaging (the text "Infants" and a picture of a mother holding her baby) are likely to deceive reasonable consumers into believing Infants' Tylenol is unique/ specially formulated for infants, when in fact it is the same medicine in Children's Tylenol. Specifically, the lawsuit claims that J&J violated California's False Advertising Law, Business and Professions Code §§ 17200 and §§ 17500, and California Civil Code §§ 1750.  More information can be found in the First Amended Class Action Complaint, available in the "Case Documents" section of this website.

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  5. How does J&J answer?

    J&J denies that it misled consumers, disputes that it has done anything wrong, believes that the packaging of Infants' Tylenol is truthful and accurate and does not mislead consumers in any way and contends that Infants' Tylenol includes essential safety features for administering the medicine to infants and newborn babies that are not included in Children's Tylenol.  The court has not decided whether either side is right. To see J&J’s Answer to the First Amended Class Action Complaint, available in the "Case Documents" section of this website.

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  6. Has the Court decided who is right?

    No. The Court has not ruled on the merits of the claims. The lawyers for the Plaintiffs will present their claims and the lawyers for J&J will argue their defenses at a trial that is set to begin on August 27, 2019.

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  7. What are the Plaintiffs asking for on behalf of the Class?

    The Plaintiffs are asking for: (1) money to compensate Class members for paying a premium for Infants’ Tylenol; (2) a court order requiring J&J to stop its allegedly unfair, deceptive and unlawful business practices; and (3) reasonable attorneys’ fees and costs.

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  8. Is there any money available now?

    No. There are no money or benefits available now because the Court has not ruled on the merits of the claims. There is no guarantee that money or benefits will ever be awarded or obtained.

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  9. How do I know if I am part of the Class?

    You are included in this lawsuit if you purchased, in California, Infants’ Tylenol for personal use (i.e. not for resale) anytime since October 3, 2014.

    The following are not included in the Class: Defendants; Defendants’ officers, directors, agents, trustees, parents, children, corporations, trusts, representatives, employees, successors, assigns, or other persons or entities related to or affiliated with Defendants and/or their officers and/or directors, or any of them; the Court; the Court’s immediate family; and Court staff.

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  10. What happens if I do nothing at all?

    If you do nothing, you are choosing to stay in the Class. If the Plaintiffs win or lose at trial, you will be legally bound by all orders and judgments of the Court, and you will not be able to sue or continue to sue J&J in a different case over the legal claims included in this lawsuit. If the Plaintiffs obtain money or other benefits from J&J at trial or as the result of a settlement, you will be able to ask for a share.

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  11. What happens if I exclude myself?

    If you exclude yourself from the Class you: (1) will not be legally bound by the Court’s judgments; (2) will keep any rights you may have to sue J&J for the legal claims included in this lawsuit; and (3) will not be able to get any money or benefits from this lawsuit if any are awarded or obtained as a result of the trial or any settlement.

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  12. How do I ask to be excluded?

    To exclude yourself, fill out the form entitled “Exclusion Request Form” (available in the "Case Documents" section of the website) or send a letter that states you want to be excluded from Elkies v. Johnson and Johnson Services, Inc., Case No. 2:17-cv-07320. Include your name, address, and signature. You must mail your exclusion request letter so that it is postmarked by May 6, 2019 to: Infants’ Tylenol Class Action Administrator, PO Box 404041, Louisville, KY 40233-4041.

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  13. Do Class Members have a lawyer in this case?

    Yes. The Court has appointed Gillian L. Wade, Sara D. Avila and Andrew Whitman of Milstein Jackson Fairchild & Wade, LLP and Richard D. Heideman, Noel J. Nudelman and Tracy Reichman Kalik of Heideman Nudelman & Kalik, P.C. as Class Counsel to represent Class Members who do not timely exclude themselves in this case. These lawyers have experience handling similar cases. More information about these lawyers and their law firms is available at www.mjfwlaw.com and www.hnklaw.com.

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  14. Should I get my own lawyer?

    You do not need to hire your own lawyer because Class Counsel is representing members of the Class who do not exclude themselves by the deadline. If you are a Class Member, and want someone other than Class Counsel to speak for you, you may hire your own lawyer at your own expense.

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  15. How will the lawyers be paid?

    If the Class prevails, Class Counsel will ask the Court for fees, costs and expenses. If the Court grants their request, the fees, costs and expenses will either be deducted from any money obtained for the Class or paid separately by J&J. You will not personally have to pay any of these fees and expenses.

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  16. How and when will the Court decide the case?

    The case will be decided at a trial that is set to begin at 9:00 a.m. on August 27, 2019. The trial will take place in Courtroom 9D, 9th Floor of the United States District Court for the Central District of California, located at 350 West 1st Street, Los Angeles, California, 90012. The trial may be moved to a different date or time without additional notice. Check this website for updates.

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  17. Do I have to come to Court?

    You do not have to come to Court unless you choose to do so. Class Counsel will present the case for the Plaintiffs and the lawyers for J&J will present their defenses. You or your lawyer may appear in Court for this case at your own expense, but you do not have to.

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  18. Will I get money after the trial?

    If Class Counsel obtains money or benefits as a result of the trial or a settlement, a new notice will be issued about how to ask for a share and about any other options you may have at that time. Updated information about the case may be posted on this website.

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  19. Is more information about the lawsuit available?

    More information about the lawsuit is available by calling toll-free 1-866-458-2108, writing to Infants’ Tylenol Class Action Administrator, PO Box 404041, Louisville, KY 40233-4041, or contacting Class Counsel.

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