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OGX Lawsuit (Class Action Lawsuit: All You Need To Know)

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Why is Johnson & Johnson facing a lawsuit for its OGX-branded products?

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OGX Lawsuit Overview

According to the allegations found in a lawsuit filed against Johnson & Johnson marketing the OGX-brand shampoo and conditioner, the product causes individuals to lose significant amounts of hair.

On March 5, 2021, La Wanda Renee Key filed a class action complaint against Johnson & Johnson Consumer Inc. before the U.S. District Court for the Northern District of California.

According to the lawsuit, the plaintiffs claim that certain shampoos and conditioners made by the defendant contain ingredients that are harmful to the consumers causing hair loss and scalp irritation.

Also, on June 7, 2021, Larissa Whipple filed a class-action lawsuit against the company Johnson & Johnson Consumer Inc. before an Illinois federal court indicating that the OGX shampoo and conditioner cause significant hair loss.

The argument raised in the class action lawsuit against Johnson & Johnson is that they made false representations to consumers where they were led to believe that their product could actually repair and help revive their hair.

According to the plaintiff, the OGX shampoo actually caused injuries and damages to the consumers in the form of scalp irritation and hair loss.

Particularly, it is alleged that J&J uses an ingredient called DMDM hydantoin as a preservative in its products but this ingredient “is a formaldehyde donor known to slowly leach formaldehyde when coming into contact with water”.

What’s more is that the plaintiff indicates that J&J was aware that DMDM hydantoin can cause hair loss and scalp irritation and so it removed this ingredient from its products as of 2015.

However, following its acquisition of Vogue International and the OGX product line in 2016, J&J continued to include harmful ingredients in its shampoos and conditioners.

Shampoo Lawsuit List of Products

Here is the list of OGX shampoos and conditioners products alleged in the OGX lawsuit:

  • OGX Biotin + Collagen Shampoo
  • OGX Biotin + Collagen Conditioner
  • OGX Renewing Argan Oil of Morocco Shampoo
  • OGX Renewing Argan Oil of Morocco Conditioner
  • OGX Anti-Breakage and Keratin Oil Shampoo
  • OGX Anti-Breakage and Keratin Oil Conditioner
  • OGX Detox + Pomegranate & Ginger Shampoo
  • OGX Detox + Pomegranate & Ginger Conditioner
  • OGX Marula Oil Conditioner
  • OGX Nicole Guerriero Midnight Kisses Shampoo
  • OGX Nicole Guerriero Midnight Kisses Conditioner
  • OGX Nicole Guerriero Mistletoe Wishes Shampoo
  • OGX Nicole Guerriero Mistletoe Wishes Conditioner
  • OGX Nicole Guerriero Ice Berry Queen Shampoo
  • OGX Nicole Guerriero Ice Berry Queen Conditioner
  • OGX Extra Strength Hydrate & Repair and Argan Oil of Morocco Shampoo
  • OGX Extra Strength Hydrate & Repair and Argan Oil of Morocco Conditioner
  • OGX Ever Straightening and Brazilian Keratin Therapy Shampoo
  • OGX Ever Straightening and Brazilian Keratin Therapy Conditioner
  • OGX Kandee Johnson Candy Gumdrop Shampoo
  • OGX Kandee Johnson Candy Gumdrop Conditioner
  • OGX Kandee Johnson Frosted Sugar Cookie Shampoo
  • OGX Kandee Johnson Frosted Sugar Cookie Conditioner
  • OGX Kandee Johnson Sparkling Cider Shampoo
  • OGX Kandee Johnson Sparkling Cider Conditioner
  • OGX Quenching + Coconut Curls Shampoo
  • OGX Quenching + Coconut Curls Conditioner
  • OGX Hydrate + Defrizz and Kukui Oil Conditioner
  • OGX Youth Enhancing + Sake Essence Conditioner

Class Action Lawsuit Shampoo

In the Illinois case Whipple et al. v Johnson & Johnson Consumer Inc, Case No. 3:21-cv-50226, in the U.S. District Court Northern District of Illinois, Whipple is suing Johnson & Johnson for violating various laws such as the Illinois consumer laws.

The plaintiff indicates that the company should have provided a clear warning as to the possible risks and hazards related to the use of the product.

In essence, Whipple argues that the Food, Drug and Cosmetic Act requires that J&J provide appropriate warnings to consumers relating to hazardous cosmetics.

Moreover, the plaintiff is seeking certification by the court of a class action lawsuit where she can represent anyone in the United States who purchased the OGX shampoo and conditioner and has experienced hair loss.

The Illinois lawsuit is a multi-state lawsuit looking to cover any consumer having purchased the OGX-brand of products in California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, and Washington.

Plaintiff Law Firms & Case References

There are three law firms representing the California plaintiff in the hair loss shampoo lawsuit:

  • Shub Law Firm
  • Sciolla Law Firm
  • Whitfield Bryson 

In Illinois, the plaintiff is represented by Jonathan Shub and Kevin Laukaitis of the Shub Law Firm LLC.

The case references are as follows:

  • Key v Johnson & Johnson Consumer Inc, Case No. 3:21-cv-05587, in the U.S. District Court Northern District of California
  • Whipple v Johnson & Johnson Consumer Inc, Case No. 3:21-cv-50226, in the U.S. District Court Northern District of Illinois

OGX Shampoo Lawsuit Takeaways 

Let’s look at a summary of our findings.

OGX Shampoo Lawsuit

  • On March 5, 2021, La Wanda Renee Key filed a class action complaint against Johnson & Johnson Consumer Inc. before the U.S. District Court for the Northern District of California claiming that its products cause scalp irritation and hair loss
  • In a lawsuit in Illinois, according to a 48-page complaint, the plaintiff, Larissa Whipple, claims that the defendant, Johnson & Johnson Consumer Inc has falsely positioned its OGX shampoos and conditions as a product able to make hare “fuller, smoother, straighter, curlier, or bouncier and smell irresistible”
  • Whipple alleges that the defendant has failed to provide consumers with a warning about the adverse consequences of using an ingredient called DMDM hydantoin used as a preservative leaching formaldehyde when in contact with water 
  • According to the plaintiff, formaldehyde is a well-known carcinogen harmful to human skin
Attorney fees 
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Compensatory damages
Hazardous product 
Injunctive relief
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Author

Editorial Staffhttps://lawyer.zone
Hello Nation! I'm a lawyer and passionate about law. I've practiced law in a boutique law firm, worked in a multi-national organization and as in-house counsel. I've been around the block! On this blog, I provide you with golden nuggets of information about lawyers, attorneys, the law and legal theories. Enjoy!

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