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Wednesday, June 16, 2010

Wal-Mart and Johnson & Johnson being sued....

Toxic Children’s Shampoo and Baby Wash

Keller Rohrback currently represents Plaintiffs in multiple class action litigations against Defendants Johnson & Johnson and Wal-Mart Stores Inc. for selling children’s shampoo and baby wash that contains methylene chloride, a banned ingredient in cosmetics that is linked to increased cancer risk. The following cases are currently pending in the U.S. District Court for the District of New Jersey: Vercellono v. Gerber Prods. Co., No. 09-02350 (D.N.J.); Levinson v. Johnson and Johnson Consumer Cos., Inc., No. 09-03317 (D.N.J.); Crouch v. Johnson & Johnson Consumer Cos., Inc., No. 09-02905 (D.N.J.); and Boyd v. Johnson & Johnson Consumer Cos., Inc., No. 09-03135 (D.N.J.).

Recently, the Honorable Dennis M. Cavanaugh ruled that Plaintiffs in Vercellono and Levinson may proceed with their class action claims. Judge Cavanaugh held that Plaintiffs in those two putative class actions stated viable claims under Missouri and Nevada law against Defendants for violations of state consumer protection acts and breaches of implied warranties.

In the complaints that are pending Plaintiffs allege that, despite Defendants’ representations that Johnson’s® Baby Shampoo and Wal-Mart’s Equate Tearless Baby Wash are “as gentle to the eyes as pure water” and “extra mild” for babies, these products are actually contaminated with methylene chloride. Methylene chloride is one of only 11 chemicals that the Food and Drug Administration has banned as an ingredient in cosmetics, out of more than 12,500 ingredients currently used. See 21 C.F.R. § 700.19 (1989). Plaintiffs further allege that methylene chloride can be removed through a simple and cost-effective process of vacuum-stripping.

Keller Rohrback is continuing its investigation regarding certain children’s personal care products that may contain methylene chloride including:

Johnson’s® Baby Shampoo;
Equate Tearless Baby Wash; and
Target Night-time Bath and Body Wash.
Independent testing revealed that these products may be contaminated with methylene chloride. According to Keller Rohrback Attorney Lynn Sarko, “The last place this dangerous chemical should be is in products intended for babies.”

If you purchased one of these products and you wish to learn more about our investigation or the pending litigations, please contact paralegal Natalie Stephenson or attorneys Gretchen Cappio, Laura Gerber, or Lynn Sarko at 800.776.6044 or 206.623.1900 or via email at consumer@kellerrohrback.co

Case Documents

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