Johnson & Johnson Consumer Inc., now operating as Kenvue Brands LLC, has agreed to settle a lawsuit alleging the company collected facial biometric data from Illinois residents without permission through its Skin360® skin-scanning tool.
The $4.7 million settlement was approved in federal court in New Jersey. According to the lawsuit, the company embedded Skin360® in multiple beauty and skincare apps between 2019 and 2023, collecting and storing users' facial biometric data when they performed skin assessments for personalized product recommendations. The company allegedly did so without providing legally required written disclosures or obtaining explicit written consent.
The violation centers on the Illinois Biometric Information Privacy Act, or BIPA, a 2008 law requiring companies to notify residents in writing about collecting facial recognition data, explain how it will be used, and obtain written permission before storing or profiting from that information.
The settlement includes no admission of wrongdoing from Johnson & Johnson. The company denies violating the law but agreed to settle "to avoid the time, expense, and uncertainty of litigation," according to court documents.
The case was brought by Helene Melzer and other class members represented by Parasmo Lieberman Law, Mazie Slater Katz & Freeman LLC, and Schwartz Law PLLC. U.S. District Judge Michael A. Shipp is presiding over the case.
Of the $4.7 million settlement fund, the Settlement Administrator receives payment for managing notices and payments. Class Counsel requested up to one-third of the entire fund—potentially $1.57 million—plus reimbursement for costs and expenses. Service payments to class representatives are capped at $5,000 each. The remainder goes to class members who file valid claims.
Individual payouts depend on participation levels. If 10,000 class members file valid claims, each would receive roughly $167 after legal fees and administrative costs. If 50,000 people file claims, individual payments would drop to around $33.
The settlement includes prospective relief requiring Johnson & Johnson to make certain changes going forward. Judge Shipp will hear arguments about whether the settlement is fair on December 17, 2026, in Trenton.
Eligible class members are those who performed a Skin360® assessment—including Neutrogena® Skin360®, NeoStrata® Skin360®, or brand collaborations—while physically in Illinois through mobile or web applications between December 9, 2019 and May 5, 2023.
To claim settlement funds, eligible parties must submit a Claim Form by November 25, 2026. The form can be filed online at www.Skin360BIPASettlement.com or submitted by email or mail. The Settlement Administrator can be reached at 1-888-706-4337.
Class members have three options: file a claim to receive an equal share of remaining funds; do nothing and receive nothing while remaining bound by the court's judgment; or exclude themselves by November 10, 2026 to preserve the right to sue Johnson & Johnson independently. Parties can also object to the settlement by November 10, 2026 if they believe the terms or attorneys' fees are unreasonable.
