Johnson & Johnson’s Kenvue unit has failed to dismiss a proposed class action lawsuit over its Neutrogena Skin360 facial-scanning service, with a federal judge rejecting the company’s argument that the service falls under a healthcare exemption to Illinois’ biometric privacy law.
The lawsuit alleges that Kenvue unlawfully collects and stores facial scans of users without proper consent or disclosure, violating the Illinois Biometric Information Privacy Act (BIPA). This legislation, enacted in 2008, requires companies to inform individuals about biometric data collection, provide details about data storage duration, and obtain written consent before collecting such information.
Kenvue’s attempt to have the case dismissed centered on claiming the Skin360 tool qualified for BIPA’s healthcare exemption. However, the federal court’s decision to allow the lawsuit to proceed follows recent precedents in BIPA interpretation, highlighting the strict enforcement of biometric privacy protections.
The case emerges amid increasing scrutiny of corporate biometric data practices. Recent regulatory developments worldwide have emphasized stronger protections for personal biometric information, with particular attention to facial recognition and scanning technologies.
BIPA has become a significant source of litigation for companies operating in Illinois, with numerous class action lawsuits testing the boundaries of biometric data collection and storage practices. The law requires companies to develop detailed policies for handling biometric data and mandates specific security measures for data protection.
Legal experts note that companies must navigate an increasingly complex landscape of biometric privacy regulations, with several states following Illinois’ lead in implementing stricter controls on biometric data collection. Texas and Washington have enacted similar laws requiring explicit consent for commercial use of biometric identifiers, while California has classified biometric data as sensitive personal information under its privacy framework.
The outcome of this lawsuit could have significant implications for companies developing consumer-facing applications that use facial scanning or other biometric technologies, particularly in the beauty and skincare industry where such features are becoming more common.
Sources: Law360, Nationwide, Cosmetics Business
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March 12, 2025 – by the ID Tech Editorial Team
