FOLLOW US

Thu

June 4, 2026

America May 8, 2025 3 mins read

Investors Fight J&J, Kenvue IPO Fraud Suit Dismissal

America ı By Rochdi Rais

0 Comments

Hub International Valued at $29B After $1.6B Investment

Investors Joseph Ditta and David Gruthoff have filed a brief opposing a motion by pharmaceutical giant Johnson & Johnson (J&J) and its former subsidiary Kenvue Inc. to reconsider a federal judge's decision to uphold IPO fraud claims. The investors argue that the court's decision to sustain these claims was correct, as it highlighted the companies' failure to disclose significant challenges to the effectiveness of phenylephrine, a common ingredient in several Kenvue products, prior to the company's Initial Public Offering (IPO) in 2023.

In their opposition brief filed on Wednesday, the investors urged U.S. District Judge Zahid N. Quraishi to reject the defendants’ request for reconsideration. They asserted that the defendants had not presented any new evidence or legal grounds that would warrant a reconsideration of the judge’s prior ruling.

The ongoing lawsuit accuses J&J and Kenvue of failing to disclose an impending U.S. Food and Drug Administration (FDA) meeting, scheduled shortly after Kenvue's $4.2 billion IPO, that would question the efficacy of phenylephrine as a nasal decongestant. The meeting, held before the FDA's Nonprescription Drug Advisory Committee (NDAC), concluded that phenylephrine, when taken orally, is ineffective, contradicting prior statements made by the companies.

Judge Quraishi’s March order denied the defendants' motion to dismiss the class action lawsuit, stating that the investors had plausibly shown that Kenvue’s failure to disclose the FDA's challenge to phenylephrine’s effectiveness could have misled potential investors. According to the judge, this omitted information was material to an investor’s decision to purchase Kenvue stock, particularly as phenylephrine was a major revenue driver for the company.

In their reconsideration motion, filed in April, the defendants argued that the omitted information about phenylephrine was publicly available through FDA publications and that it did not rise to the level of a material omission. They further referenced an earlier court decision in related multidistrict litigation, which they claimed found that the information regarding phenylephrine’s efficacy was not misleading under FDA regulations.

However, the investors rejected these arguments in their Wednesday filing, highlighting that the Third Circuit ruling cited by the defendants was unpublished and non-binding. Additionally, they emphasized that the labeling requirements under the Federal Food, Drug, and Cosmetic Act (FDCA) differ significantly from the disclosure obligations under securities laws, thereby making the MDL findings irrelevant to the current case.

The investors are represented by attorneys from Glancy Prongay & Murray LLP and Carella Byrne Cecchi Brody & Agnello PC, while Kenvue and J&J are defended by legal teams from Sidley Austin LLP and McCarter & English LLP. The underwriters are represented by Paul Hastings LLP.

This case, In Re Kenvue Inc. Securities Litigation, is being heard in the U.S. District Court for the District of New Jersey, under case number 3:23-cv-20998.

Previous Article

Fertility Fraud: CCRM Accused of Bogus Tests and Wasted Embryos

Read More
Rochdi Rais
2753 Posts

Rochdi Rais

Rochdi Rais is the Fractional Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
California News June 04, 2026
Fairfield High School Graduation Shooting Investigation
By – Tyler Brooks
California News June 04, 2026
15 Hours of Terror: Inside the Downtown Bakersfield Crisis
By – Tyler Brooks
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
Entertainment June 3, 2026
Turning the Page: Cassie Ventura Officially…

Cassie Ventura Confirms Departure from the U.S. Following Diddy Legal…

By – Tyler Brooks
Investigates June 3, 2026
Mystery in the Sewers: NYPD Investigates…

In recent weeks, New York City residents and law enforcement…

By – Tyler Brooks
Business June 3, 2026
The Guilty Verdict of Andrew Left:…

The recent federal court ruling finding prominent activist short-seller Andrew…

By – Tyler Brooks
Opinion June 3, 2026
The Pentagon’s ‘Flying Humanoid’: A Masterclass…

Pentagon UFO files human-shaped object, UAP declassification flying humanoid, military…

By – Tyler Brooks
High Profile Court Cases June 3, 2026
FBI Dismantles Sprawling Multi-State Drug Rings…

MARTINSBURG, WV — In a major coordinated federal and local…

By – Tyler Brooks
Investigates June 3, 2026
Deep Divide: Inside the Unprecedented Feud…

A major institutional crisis has surfaced at the highest echelons…

By – Tyler Brooks
America June 2, 2026
Operation Iron Pursuit Leads to Hundreds…

Operation Iron Pursuit continues to generate significant results in the…

By – Jackie Allen
America June 2, 2026
Josh Duggar Appeal Denied as Convicted…

Josh Duggar remains behind bars after a federal judge denied…

By – Jackie Allen
America June 2, 2026
Federal Judge Lets ’86 47′ Flag…

An Obama-appointed judge just ruled a political group can keep…

By – Samuel Lopez
America June 2, 2026
South Carolina Jury Clears Store Owner…

A South Carolina courtroom erupted with emotion Monday after a…

By – Tyler Brooks
America June 1, 2026
Sleeping Dog Documentary Chronicles Jeremy Corbell’s…

The new documentary Sleeping Dog arrives at a pivotal moment…

By – Jackie Allen
America June 1, 2026
Kendall Jenner, Jacob Elordi and the…

I’ve been writing about royals and celebrities for 20 years.…

By – Nathan Kay
America June 1, 2026
Rare Blue Micromoon Lights Up the…

Skywatchers are in for a unique celestial event as a…

By – Jackie Allen
America May 31, 2026
Murder-for-hire Ends with Life Sentence for…

A shocking Murder-for-hire case that spanned multiple states has concluded…

By – Jackie Allen
America May 31, 2026
Frank Lloyd Wright and the Taliesin…

In The Killer and Frank Lloyd Wright, veteran true-crime author…

By – Jackie Allen
America May 30, 2026
Hollywood at a Crossroads: Spencer Pratt…

Los Angeles has its primary election this Tuesday, and the…

By – Jackie Allen
America May 30, 2026
Hayden Panettiere has a Memoir About…

Hayden Panettiere is revealing the emotional toll of growing up…

By – Jackie Allen
America May 29, 2026
Blue Origin Rocket Explodes in Massive…

Blue Origin suffered a major setback Thursday night when one…

By – Jackie Allen
America May 29, 2026
Blue Origin Rocket Explodes in Massive…

Blue Origin suffered a major setback Thursday night when one…

By – Jackie Allen
America May 28, 2026
Alien Coneheads: New DNA Study Doesn’t…

The mystery surrounding the so-called Alien Coneheads of Peru has…

By – Jackie Allen
America May 28, 2026
Trump’s Alien.gov Reveal Turns Into Immigration…

INSIDE THIS REPORT What millions thought would be a historic…

By – Samuel Lopez
America May 28, 2026
Trump’s UFO files reveal mysterious flying…

The newly released UFO Files from the Trump administration have…

By – Jackie Allen
America May 28, 2026
Who’s Lying? E. Jean Carroll Faces…

Author and columnist E. Jean Carroll is once again at…

By – Jackie Allen
America May 28, 2026
Super El Niño: Will 2026 be…

Scientists across the globe are increasingly warning that a potential…

By – Jackie Allen
California News June 3, 2026
Title: 2026 Midterm Primaries: Key Takeaways…

Discover the crucial results of the June 2, 2026 midterm…

By – Tyler Brooks
California News June 3, 2026
Bakersfield Bomb Threat Standoff: FBI Assumes…

BAKERSFIELD, California — A massive multi-agency police response completely locked…

By – Tyler Brooks
California News June 2, 2026
Sabrina Carpenter Granted Restraining Order Following…

Citing “severe emotional distress,” the American pop star has successfully…

By – Tyler Brooks
Entertainment June 2, 2026
The Diddy Fallout: Cassie Fights Back…

As Sean “Diddy” Combs serves time behind bars, the shockwaves…

By – Tyler Brooks
Business June 2, 2026
Archer Aviation: The eVTOL Takeoff Facing…

Strategic Analysis — June 2026 The electric vertical takeoff and…

By – Tyler Brooks
Featured June 2, 2026
From a Casual Night Out to…

It Doesn’t Happen Here’: Quiet Suburb Left Shattered After Fatal…

By – Tyler Brooks
Health June 1, 2026
New Pill Doubles Survival for Pancreatic…

Pancreatic cancer pill doubles life to 13 months By Tyler…

By – Tyler Brooks
California News May 31, 2026
FDA warns public as cookie firm…

FDA warns public as cookie firm rejects urgent recall request…

By – Tyler Brooks
Health May 31, 2026
Trump orders CDC to slash childhood…

Trump orders CDC to slash childhood vaccines from 17 to…

By – Tyler Brooks
Health May 30, 2026
USDA warns Americans over Salmonella in…

USDA warns Americans over Salmonella in meat products By Tylor…

By – Tyler Brooks
America May 28, 2026
GKN Aerospace’s Biggest Battle May Not…

By Samuel López | USA Herald The immediate danger of…

By – Samuel Lopez
America May 24, 2026
Garden Grove Chemical Crisis Sparks Class…

By Samuel López | USA Herald A full-scale legal and…

By – Samuel Lopez
Featured June 1, 2026
Wembanyama in Tears: Spurs Dethrone Thunder…

Spurs dethrone Thunder in epic Game 7 road victory By…

By – Tyler Brooks
High Profile Court Cases May 31, 2026
Supreme Court signals 27 states could…

Supreme Court signals 27 states could ban trans female athletes…

By – Tyler Brooks
Sports May 31, 2026
Mauricio Pochettino sounds alarm on Chris…

Mauricio Pochettino sounds alarm on Chris Richards injury By Tylor…

By – Tyler Brooks
International May 30, 2026
USMNT star Chris Richards tears two…

USMNT star Chris Richards tears two ankle ligaments By Tylor…

By – Tyler Brooks
America May 28, 2026
“Money” Mayweather Tucks Tail: $100 Million…

Floyd Mayweather has beaten every opponent who ever climbed into…

By – Samuel Lopez
America May 27, 2026
Mackenzie Shirilla Sent Text Messages to…

Mackenzie Shirilla is once again at the center of public…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter