Corporate Shifts and Legal Battles
JJCI, later spun off into Kenvue Inc. in 2023, fought back, asserting that Skin360 fell under BIPA’s healthcare exemption. The company cited cases like Delma Warmack-Stillwell v. Christian Dior Inc., where digital “try-on” tools were considered healthcare applications under FDA definitions.
But Judge Shipp rejected that argument, ruling that Skin360 users were not “patients” under BIPA since no medical professionals were involved and the AI-based assessments relied solely on image comparisons.
What’s Next
While the exact settlement terms remain sealed, the deal avoids further courtroom drama and potentially massive damages under BIPA, where violations can trigger fines of $1,000 per negligent infraction and $5,000 per reckless one.
Attorneys for the consumers included teams from Mazie Slater Katz & Freeman LLC, Parasmo Lieberman Law, Schwartz Law PLLC, and Hopkins & Huebner PC. Johnson & Johnson Consumer Inc. was represented by McCarter & English LLP and Sidley Austin LLP.
With the j&j skin360 app settlement finalized, one of the most intriguing digital privacy battles in recent years has closed, underscoring how biometric data remains a legal minefield for tech and consumer health companies alike.
