Johnson & Johnson has reached a settlement in a class action lawsuit over its Neutrogena Skin360 app, resolving allegations that the company collected and stored users’ facial biometric data without proper consent. The settlement was finalized in August 2025, with a federal judge ordering the case to be closed within 60 days. The resolution follows more than three years of litigation and a key court decision earlier this year rejecting the company’s primary defense.
Allegations Under Illinois’ BIPA Law
The lawsuit was filed in May 2022 by plaintiff Helene Melzer in New Jersey federal court. It claimed that Johnson & Johnson Consumer Inc. violated Illinois’ Biometric Information Privacy Act (BIPA) through the use of its Neutrogena Skin360 app. The app uses artificial intelligence to analyze users’ facial features and provide personalized skincare recommendations. According to the complaint, the technology also collected and stored facial scans linked to personal identifiers without first obtaining explicit informed consent, as required by BIPA.
BIPA, one of the strictest biometric privacy laws in the United States, requires companies to notify individuals in writing, state the specific purpose and length of time for which biometric identifiers will be stored, and obtain written consent before collecting such data. The law also restricts the sharing of biometric information and provides individuals with the right to take legal action for violations.
Legal Developments and Case Closure
In March 2025, U.S. District Judge Michael A. Shipp rejected Neutrogena’s motion to dismiss the case based on a healthcare-related exemption in BIPA. Johnson & Johnson had argued that the app’s biometric analysis fell under a medical care exception, but the court determined that Skin360 does not involve licensed healthcare professionals and therefore does not qualify for the exemption. This ruling allowed the case to proceed toward trial.
The terms of the settlement remain confidential. However, court filings confirm that the agreement led to an order requiring the case to be closed within 60 days. While the number of BIPA lawsuits filed has declined compared to previous years, settlements like this one underscore the ongoing legal and compliance risks for companies deploying facial recognition or biometric analysis features.
Sources: Global Cosmetics News, USA Herald, ClassAction.org, Top Class Actions, Cosmetics Business
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By Cass Kennedy
