Johnson & Johnson’s former subsidiary has reached a settlement in a closely watched lawsuit accusing it of secretly storing facial scans from users of its Neutrogena Skin360 app—an alleged violation of Illinois’ stringent biometric privacy law. The deal prompted U.S. District Judge Michael Shipp in New Jersey to order the case closed within 60 days, though terms remain under wraps.
The resolution follows two years of litigation and comes just months after the judge refused to dismiss the case, setting the stage for a dramatic trial that never came.
The Lawsuit and the Biometric Controversy
Filed in May 2022, the class action was spearheaded by named plaintiff Helene Melzer, who accused Johnson & Johnson Consumer Inc. (JJCI) of unlawfully collecting, storing, and linking biometric data—such as facial scans—to personal information including names and birth dates, without informed consent.
The app, launched as Neutrogena Skin360, uses artificial intelligence to analyze facial images, provide personalized skin assessments, and recommend Neutrogena products. Consumers argued this practice violated Illinois’ Biometric Information Privacy Act (BIPA), one of the toughest data privacy laws in the U.S.