Illinois residents who ran a Neutrogena Skin360 face scan from Dec. 9, 2019 to May 5, 2023 can claim an equal share of a $4.7 million settlement by Nov. 25

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Illinois residents who ran a Skin360 skin assessment between Dec. 9, 2019 and May 5, 2023 have until Nov. 25 to claim an equal share of a $4.7 million settlement over face scans. Johnson & Johnson Consumer Inc., now Kenvue Brands LLC, agreed to the deal in Melzer v. Johnson & Johnson Consumer Inc., No. 3:22-cv-03149, in the U.S. District Court for the District of New Jersey. Claims can be filed on the settlement website.

The class is anyone who, while in Illinois, performed a Skin360 assessment on any version of the tool, including Neutrogena, NeoStrata and collaborations with other brands, through a mobile or web application, according to the settlement notice. The suit was brought under Illinois’ Biometric Information Privacy Act, known as BIPA, which regulates how companies collect and keep face-geometry data. The class leaves out Johnson & Johnson Consumer and its affiliates and employees, the presiding judges and their immediate families and staff, lawyers on both sides, and anyone who timely opts out. U.S. District Judge Michael A. Shipp is hearing the case in Trenton.

That puts the practical question on location and dates. A scan taken in Illinois inside that window counts, and a scan taken elsewhere does not. A person who has since moved out of Illinois may still file for a scan taken there, though the administrator can ask for proof of Illinois presence from people who now live outside the state, OpenClassActions reports.

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What is a Skin360 claim worth?

Nobody can say yet. Each valid claimant receives an equal payment, and the size depends on how many people file and on what the court approves for fees, expenses and service awards. The notice says the amount is not yet known, and no estimate has been published. Because the payment is an equal share of whatever remains after the deductions, the number of people who file matters as much as the size of the fund. Money does not move until the court gives final approval, which is why the Dec. 17 hearing sits ahead of any payment.

The $4.7 million fund pays for claimant payments, notice and administration costs, attorneys’ fees and costs, and service payments. Class counsel, including Grace Parasmo of Parasmo Lieberman Law, will ask for up to one-third of the fund plus reasonable costs. Four class representatives, Helene Melzer, Christine Borovoy, Andy Sajnani and Patricia Biewald, can each receive a service payment of up to $5,000. OpenClassActions reports the fund is non-reversionary, so no money returns to Kenvue, and leftover funds that cannot feasibly be paid go to a court-approved charity.

Does a claim need proof of a face scan?

The notice says only that a valid and timely claim form is required to receive money. OpenClassActions reports that no documents or claim ID are needed to file. Instead, a claimant signs a sworn statement under penalty of perjury confirming they are 18 or older, used Skin360 in Illinois between Dec. 9, 2019 and May 5, 2023, and have not submitted another claim.

Claims can be filed online or on a paper form that is postmarked by Nov. 25. OpenClassActions says the online portal lists its cutoff as 12:00 a.m. Eastern on Nov. 26, which is effectively the end of Nov. 25. A claim with a defect gets a notice and 21 days to fix it. Payment options include Venmo, Zelle, PayPal, a prepaid digital Mastercard or a mailed check.

What did the lawsuit say the app did?

The suit alleges the company collected, stored, disclosed and profited from face-geometry scans taken during Skin360 assessments without the written disclosures and consent that Illinois law requires, and without a published retention and destruction policy, OpenClassActions reports. Johnson & Johnson Consumer denies the allegations and says it did not collect, store, disclose or profit from any individual’s biometric identifiers or information. The court has not decided who is right.

The settlement also changes how the company handles the scans going forward. Within 14 days after the settlement takes effect, the company must confirm it has deleted images from Skin360 assessments taken during the class period. It must also keep a user notice and written consent mechanism and a written retention and destruction policy, subject to changes in the law.

Opt out, object or file: which date matters?

Three dates sit close together. The opt-out and objection deadline is Nov. 10, the claim deadline is Nov. 25, and the final approval hearing is Dec. 17 at 10 a.m. Eastern in Courtroom 5W of the Clarkson S. Fisher Building and U.S. Courthouse in Trenton, New Jersey. The date can change, so the settlement website is the place to confirm it.

Someone who wants to sue separately must opt out by Nov. 10 with a signed letter or an email to the administrator, Eisner Advisory Group, and cannot also object. Anyone who stays in can still file a claim through Nov. 25. Payments are due within 21 days after the settlement takes effect, OpenClassActions reports, and checks expire 90 days after they are issued and are not replaced.

Did a Skin360 scan in Illinois fall inside the Dec. 9, 2019 to May 5, 2023 window?

A claim sent after Nov. 25 is out of the pool, and a check that sits past 90 days is not replaced. With a Dec. 17 hearing still ahead and payment timed to when the settlement takes effect, the wait between filing and money can run long.

The Settlement & Refund Recovery System includes a step-by-step filing walkthrough and a claim log and payment tracker, so the Nov. 25 filing and the date a check arrives are recorded in one place.

Get the filing walkthrough and claim tracker for the Skin360 settlement →

This article was produced with AI assistance and edited for accuracy against the sources linked above.

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