Johnson & Johnson Consumer Inc., now operating as Kenvue Brands LLC, has agreed to a $4.7 million settlement in a class action lawsuit over allegations that the company violated Illinois biometric privacy law by collecting and storing facial data without proper consent.
The case, Helene Melzer, et al. v. Johnson & Johnson Consumer Inc., centers on the Skin360 skincare evaluation tool, which operated across multiple brand versions including Neutrogena Skin360 and NeoStrata Skin360 between December 9, 2019 and May 5, 2023. Users who scanned their faces through the mobile or web application allegedly had their biometric data collected in violation of the Illinois Biometric Information Privacy Act.
Plaintiffs alleged that the company collected, stored, disclosed and profited from biometric identifiers and biometric information without providing legally required written disclosures or obtaining written consent. The company denies wrongdoing in the settlement agreement.
U.S. District Judge Michael A. Shipp has preliminarily approved the settlement. The agreement does not constitute an admission of liability by the defendant, and the court has made no determination on the merits of the underlying claims. Both parties agreed to settle to avoid prolonged litigation, associated costs and legal uncertainty.
The $4.7 million settlement fund will be distributed to class members who submit valid claim forms by November 25, 2026. The fund will also cover administrative costs, notification expenses and approved attorney fees and costs.
Class counsel from Parasmo Lieberman Law, Mazie Slater Katz & Freeman, LLC, and Schwartz Law PLLC will request compensation of up to one-third of the settlement fund, plus reimbursement for reasonable costs and expenses. Class representatives may also receive service payments of up to $5,000 each, pending court approval.
The exact payout per class member depends on the total number of valid claims submitted and the final amount of approved attorney fees and administrative costs. Any undistributed funds will be directed to a cy pres beneficiary, subject to court approval.
Class membership is limited to individuals who used the Skin360 evaluation tool through any version of the application while located in Illinois during the specified timeframe. To qualify for a payment, eligible parties must complete and submit a claim form online at www.Skin360BIPASettlement.com or by mail no later than November 25, 2026.
Class members have three options regarding the settlement. They may submit a claim form to receive a payment from the settlement fund. They may do nothing, in which case they will receive no payment but will remain bound by all court orders and judgments in the case. Alternatively, they may exclude themselves from the class action by November 10, 2026, if they wish to preserve their right to pursue separate litigation against the defendant.
Class members may also file objections to the settlement, the attorney fee request or service payments to class representatives by November 10.
The final approval hearing is scheduled for December 17, 2026 at 10 a.m. in Room 5W of the U.S. District Court for the District of New Jersey, located at 402 East State Street in Trenton. Judge Shipp will consider all objections, determine whether the settlement is fair and reasonable, and rule on the attorney fee and expense request. Class members are permitted to attend, though attendance is not required. Those wishing to appear or present oral arguments may retain private counsel at their own expense.
The settlement represents one of several recent cases involving biometric data collection and BIPA compliance. Illinois' biometric privacy statute, enacted in 2008, has become a focal point for privacy litigation, particularly as consumer-facing technology companies have incorporated facial recognition and biometric scanning features into mobile applications and digital services.
