Piccolo v. Johnson & Johnson Inc. et al.

Frequently Asked Questions

1. THE CLASS ACTION

1. Why are you receiving the notice?

   On April 5, 2018, the Representative filed the Application for Authorization against the Defendants. Since then, the parties have reached a settlement before the class action was authorized.

   On September 20, 2021, the Representative presented the Court with an application to authorize the proposed class action for settlement purposes only. On September 28, 2021, the Court authorized the Representative to institute a class action in the judicial District of Montreal on behalf of the class members against Johnson & Johnson Inc. only, for settlement purposes only.

   The Court has not taken a position as to the truth or merits of the claims or defences asserted by either side. The allegations made by the Representative have not been proven in Court.

   The NOTICE explains how the class action works, who the class members are, and what their rights are.

2. What is a class action?

   It is a legal procedure instituted by an individual called the “Representative Plaintiff” on behalf of everyone with similar claims, called the “class”. A class action allows the Court to rule on the dispute regarding all class members, except for those who choose to opt out. In this class action, Mr. Piccolo acts as the class Representative.

3. What is this class action about?

   The Application for Authorization asserted claims for fraudulent, deceptive, false advertising, sales, and marketing practices regarding Defendants’ Aveeno Active Naturals Products advertised as “Active Naturals”.

   Aveeno Active Naturals Products include any size of any Aveeno product bearing the phrase “Active Naturals” on its label, including without limitation the following (the “Aveeno Active Naturals Products”):

   AVEENO Daily Moisturizing body yogurt vanilla and oats lotion	AVEENO Positively Ageless Rejuvenating Scrub
   AVEENO Daily Moisturizing body yogurt apricot and honey lotion	AVEENO Positively Radiant Intensive Night Cream
   AVEENO Positively Ageless Skin Strength Hand Cream	AVEENO Positively Radiant 60sec In-Shower Facial
   AVEENO Positively Ageless Skin Strength Body Cream	AVEENO Positively Radiant Cleanser
   AVEENO Creamy Moisturizing Oil	AVEENO Positively Radiant Sheer Daily Moisturizer SPF 30
   AVEENO Daily Moisturizing Lotion Hand Cream/Tube/Pump	AVEENO Positively Radiant Daily Moisturizer SPF 15
   AVEENO Positively Radiant Dark Spot Correction	AVEENO Positively Radiant make up removing Wipes
   AVEENO Positively Radiant Lotion	AVEENO Positively Radiant Makeup Remover Cleanser
   AVEENO Daily Moisturizing Lotion SPF15 Pump	AVEENO Positively Radiant Moisturizer with SPF 30
   AVEENO Daily Moisturizing Lotion Sheer Hydration	AVEENO Positively Radiant Eye CC Cream Light
   AVEENO Intense Relief Hand Cream	AVEENO Positively Radiant Toner
   AVEENO Intense Relief Moisture Repair Cream	AVEENO Skin Brightening Daily Scrub
   AVEENO Intense Relief Overnight Cream	AVEENO Positively Radiant overnight hydrating facial moisturizer
   AVEENO Skin Relief Hand Cream	AVEENO Positively Radiant Skin Brightening Daily Scrub
   AVEENO Skin Relief Fragrance Free Lotion	AVEENO Positively Radiant Eye CC Cream Medium
   AVEENO Skin Relief Moisturizing Cream	AVEENO Positively Radiant CC Cream SPF30 Fair-Light
   AVEENO Skin Relief Moisturizing Lotion	AVEENO Positively Radiant CC Cream SPF30 Medium
   AVEENO Skin Relief Gentle Scent Coconut Moisturizing Lotion	AVEENO Positively Radiant Targeted Tone Correction
   AVEENO Skin Relief Gentle Scent Chamomile Moisturizing Lotion	AVEENO Positively Radiant Intensive Night Cream
   AVEENO Skin Relief Diabetes Dry Skin Moisture Lotion	AVEENO Ultra Calming Day SPF30
   AVEENO Stress Relief Moisturizing Lotion	AVEENO Ultra Calming Night Cream
   AVEENO Daily Moisturizing Yogurt Body Wash Vanilla and Oats	AVEENO Ultra-Calming Daily Moisturizer SPF15
   AVEENO Daily Moisturizing Yogurt Body Wash Apricot and Honey	AVEENO Ultra-Calming Foaming Cleanser
   AVEENO Daily Moisturizing Body Wash	AVEENO Ultra Calming hydra cleanser
   AVEENO Active Naturals Purifying Body Wash Sea Kelp & Nourishing Oatmeal	AVEENO Ultra-Calming Gentle Makeup Removing Wipes
   AVEENO Active Naturals Uplifting Body Wash Peach & Ginger	Aveeno Baby Sensitive Skin Wipes
   AVEENO Calming Body Wash Lavender & Chamomile	AVEENO Baby Soothing Relief Diaper Rash Cream
   AVEENO Hydrating Body Wash Fig & Shea Butter	AVEENO Baby Calming Comfort Bath
   AVEENO Invigorating Body Wash Grapefruit	AVEENO Baby Calming Comfort Lotion
   AVEENO Invigorating Body Wash	AVEENO Baby Daily Moisturizing Lotion
   AVEENO Skin Relief Gentle Scent Coconut Body Wash	AVEENO Baby Eczema Care Moisture Cream
   AVEENO Skin Relief Gentle Scent Chamomile Body Wash	AVEENO Baby Eczema Care Night Balm
   AVEENO Skin Relief Body Wash	AVEENO Baby Eczema Care Wash
   AVEENO Skin Relief Fragrance Free Body Wash	AVEENO Baby Gentle Conditioner & Shampoo
   AVEENO Positively Radiant Exfoliating Body Wash	AVEENO Baby Soothing Baby Bath Treatment
   AVEENO Smoothing Body Wash Pomegranate & Rice	AVEENO Baby Soothing Relief Creamy Wash
   AVEENO Stress Relief Body Wash	AVEENO Baby Soothing Relief Moisture Cream
   AVEENO Eczema Care Itch-Relief Balm	AVEENO Baby Soothing Relief Wash
   AVEENO Anti-itch Lotion	AVEENO Baby Wash & Shampoo
   AVEENO Daily Moisturizing Bath	AVEENO Calming Comfort Baby Bath
   AVEENO Eczema Care Hand Cream	AVEENO Baby Calming Comfort Lotion
   AVEENO Eczema Care Body Wash	AVEENO Mom & Baby Gift Set
   AVEENO Eczema Care Moisturizing Cream	AVEENO Baby Gift Set
   AVEENO Moisturizing Bar - Dry Skin	AVEENO Protect +Hydrate Sun Lotion for Face and Body SPF30
   AVEENO Positively Smooth Shave Gel	AVEENO Protect +Hydrate Sun Lotion for Face and Body SPF45
   AVEENO Shower & Bath Oil	AVEENO Protect +Hydrate Sun Lotion Face SPF60
   AVEENO Skin Relief Shave Gel	AVEENO Baby Sensitive Skin SPF 50
   AVEENO Soothing Bath Treatment	AVEENO Baby Sensitive Skin Face Sun Stick SPF50
   AVEENO Stress Relief Foaming Bath	AVEENO Baby Sunscreen lotion with SPF 55
   AVEENO Positively Radiant Wipes	AVEENO Baby Sunscreen lotion with SPF 50
   AVEENO Absolutely Ageless Daily Moisturizer SPF 30	AVEENO Active Naturals Living Color Preserving Conditioner Med-Thick Hair
   AVEENO Absolutely Ageless Night Cream	AVEENO Active Naturals Living Color Preserving Conditioner Fine Hair
   AVEENO Absolutely Ageless Eye Cream	AVEENO Active Naturals Living Color Preserving Shampoo Med-Thick Hair
   AVEENO Absolutely Ageless Intense Serum	AVEENO Active Naturals Living Color Preserving Shampoo Fine Hair
   AVEENO Absolutely Ageless Nourishing Cleanser	AVEENO Positively Nourishing Condition Treatment
   AVEENO Absolutely Ageless Leave-on Mask Lotion	AVEENO Positively Nourishing Moisturize Conditioner
   AVEENO Clear Complexion Foaming Cleanser	AVEENO Positively Nourishing Moisturize Shampoo
   AVEENO Clear Complexion Cream Cleanser	AVEENO Positively Nourishing Revitalize Conditioner
   AVEENO Clear Complexion Daily Moisturizer	AVEENO Positively Nourishing Revitalize Shampoo
   AVEENO Clear Complexion Foaming Cleanser	AVEENO Positively Nourishing Shine Conditioner
   AVEENO Fresh Essentials Daily Moist SPF 30	AVEENO Positively Nourishing Shine Shampoo
   AVEENO Fresh Essentials Night Cream	AVEENO Positively Nourishing Volumize Conditioner
   AVEENO Fresh Essentials Scrub	AVEENO Positively Nourishing Volumize Shampoo
   AVEENO Positively Ageless Daily Exfoliating Cleanser	AVEENO Positively Nourishing Dandruff Ctrl Shampoo
   AVEENO Positively Ageless Daily Moisturizer (SPF30)	AVEENO Pure Renewal Conditioner
   AVEENO Positively Ageless Eye Cream	AVEENO Pure Renewal Shampoo

   The Defendants deny any wrongdoing, and no court has concluded there was any wrongdoing by the Defendants.

   This class action is an action in damages, injunctive relief, and a declaratory judgment.

4. THE CLASS MEMBERS

4. Who is a class member?

   You are a class member if you are a person who purchased Aveeno Active Naturals Products in Canada at any time on or before September 28, 2021 or you make a claim on behalf of such a person (i.e., if you are the executor, heir, successor, bankruptcy trustee, guardian, ward, agent, or assign of such a person).

   However, (i) those who purchased Aveeno Active Naturals Products for purpose of resale; (ii) those with claims for bodily injuries arising from the use of Aveeno Active Naturals Products; (iii) those who are related to the Defendants (such as their current or former officers, directors and employees or members of their immediate families); and (v) the Judge to whom the class action is assigned and any members of his immediate family, are excluded from the class.

5. How do I participate in this class action?

   If you are a class member and agree with this class action against the Defendants and the proposed settlement, you have nothing to do to participate in this class action. To receive a payment if the settlement is approved by the Court, you MUST send in a claim form as described in Section 13 below.

6. SETTLEMENT AGREEMENT APPROVAL HEARING

6. What is the proposed settlement?

   The Defendants agreed to settle the class action in exchange for a full release of the claims against them relating to the labelling, marketing, advertising, packaging, promotion, manufacture, sale and distribution of all Aveeno Active Naturals Products.

   The Settlement Agreement provides for the following, subject to Court approval:

   1. A settlement fund of US$675,000.00 converted into Canadian dollars (the “Settlement Fund”) will be established by the Defendants.
   2. The Settlement Fund will be used to pay all escrow charges and taxes related to the Settlement Fund, all notice and claim administration costs, Class Counsel’s legal fees and expenses and the claims of the class members.
   3. Class Counsel’s legal fees and expenses to be paid from the Settlement Fund are of US $202,500 converted into Canadian dollars (plus taxes) representing 30% of the Settlement Fund, subject to Court approval.
   4. A class member is eligible to obtain CA $3.15 for each purchase of an Aveeno Active Naturals Product for up to 20 Aveeno Active Naturals Products purchased at any time on or before September 28, 2021, without the need to present a proof of purchase. These awards may be subject to pro rata adjustment, upward (up to a maximum of double the initial claim amount, but never more than CA $126.00 per household) or downward, depending on the number of claims approved.
   5. If there is any money remaining in the Settlement Fund after all claims, notice and claim administration costs, Class Counsel’s fees and expenses are paid, the remaining funds shall be donated to the Montreal Children’s Hospital Foundation (subject to any amounts which must be paid by law to the Quebec Fond d’aide aux actions collectives).
   6. The Defendants will also make changes to the labels for the Aveeno Active Naturals Products.

7. What is the next step regarding the proposed settlement?

   The Superior Court of Québec must approve the Settlement Agreement before it can take effect. The Court will review the terms of the Settlement Agreement to ensure that they are fair, reasonable and in the best interests of the class members.

   The Final Approval Hearing will take place on February 2, 2022, at 9:30 A.M. in room 15.04 at the Montreal Courthouse located at 1 Notre-Dame St. East, Montreal, Quebec. At this hearing, the Court will hear any objection filed by class members regarding the proposed Settlement Agreement, in accordance with the deadlines and procedure set forth below. Class members who do not oppose the proposed settlement are not required to attend this hearing or to take any action to indicate that they intend to be bound by it.

8. OPTING OUT: This is your only chance to opt out from the class action

8. What happens if I opt out?

   If you decide to opt out of the class action, you retain your right to institute your own lawsuit against the Defendants regarding the Aveeno Active Naturals Products and you will not be bound by the judgments rendered by the Court in this class action. Also, you will not be entitled to receive a payment if the settlement is approved by the Court, or if the Court grants a final decision in favour of the Representative.

9. What happens if I do not opt out or if I do nothing?

   If you do not opt out of the class action or if you do nothing, you will be entitled to receive a payment if the settlement is approved by the Court, or if the Court grants a final decision in favour of the Representative. As such, you give up your right to institute your own lawsuit against the Defendants regarding the Aveeno Active Naturals Products and will be bound by the judgments rendered by the Court in this class action.

10. How do I opt out?

    If you do not wish to be part of this class action, you can opt out by sending to the clerk of the Superior Court a signed letter containing the following information:

    • The class action file number and name: 500-06-000921-185 (Piccolo v. Johnson & Johnson Inc. et al.).
    • Your name, current address and telephone number.
    • Your statement: “I am a class member and I wish to opt out of the class action”.
    • Your signature.

    You must send your letter by registered mail, with a copy by email to the Settlement Administrator, by March 11, 2022 at the following addresses:

    TO: Clerk of the Superior Court of Québec File: 500-06-000921-185 Montreal Courthouse 1, Notre-Dame East Street, Suite 1.120 Montréal (Québec) H2Y 1B6

    WITH COPY TO: Aveeno Settlement Administrator 5-112 Elizabeth Street Suite #289 Toronto, ON M5G 1P5

11. OBJECTING TO THE PROPOSED SETTLEMENT

11. What should I do if I disagree with the proposed settlement?

    If you disagree with the Settlement Agreement but you do not wish to opt out of the class action, you can object to the Settlement Agreement by delivering a written submission on or before January 3, 2022 filed with the Court, Class Counsel and the Defendants’ Counsel in accordance with Section VIII.A. of the proposed Settlement Agreement and containing the following information:

    • A heading referring to this proceeding (Piccolo v. Johnson & Johnson Inc. et al. – 500-06-000921-185).
    • Your name, current address, and telephone number and, if represented by counsel, the name of your counsel.
    • A statement that you purchased an Aveeno Active Naturals Product during the period of time described in the settlement class definition.
    • A statement whether you intend to appear at the Final Approval Hearing, either in person or through counsel.
    • A statement of the objection and the grounds supporting the objection.
    • Copies of any papers, briefs, or other documents upon which the objection is based.
    • Your signature.

    You must send your letter by registered mail, with a copy by email to Class Counsel and Defendants’ Counsel, at the following addresses:

    TO: Clerk of the Superior Court of Québec File: 500-06-000921-185 Montreal Courthouse 1, Notre-Dame East Street, Suite 1.120 Montréal (Québec) H2Y 1B6

    WITH COPY TO: Class Counsel Mtre. Jeff Orenstein Consumer Law Group Inc. 1030 Berri Street, Suite 102 Montreal, Quebec, Canada H2L 4C3 jorenstein@clg.org Defendants’ Counsel Mtre. Robert J. Torralbo Blake, Cassels & Graydon LLP 1 Place Ville Marie, Suite 3000 Montreal, Quebec, H3B 4N8 robert.torralbo@blakes.com

    The Court cannot change the terms of the settlement. Any objections will be used by the Court to consider whether to approve the settlement.

12. CLAIM UNDER THE SETTLEMENT AGREEMENT

12. What happens if the Settlement Agreement is approved by the Court?

    In the event the Settlement Agreement is approved by the Court, each class member will have the opportunity to make a claim to receive a payment from the Settlement Fund.

13. How do I make a claim?

    To make a claim, you must, no later than March 11, 2022

    • Complete a claim form here; or
    • Obtain a claim form in electronic or paper format from the Settlement Administrator or Class Counsel, complete it and send it by email or by mail to the Settlement Administrator.

    You will only be able to make one claim per household. This means that if more than one person living at the same address purchased Aveeno Active Naturals Products, only one person will be able to submit a claim.

    If you do not submit a completed claim form in time, you will not receive any payment. The Settlement Administrator may request additional information if the claim form is insufficient to process your claim. Failure to provide any requested documentation may result in the denial of your claim.

    The actual amount paid to the class members will depend upon the number of valid claims made.

14. CLASS COUNSEL

14. Who are the lawyers working on this class action?

    The law firm Consumer Law Group Inc. represents the Representative, and therefore, the class members. You may contact Consumer Law Group Inc. using the contact information found at the end of the notice.

15. Are there fees for the class members?

    You do not have to pay the lawyers working on this class action. Class Counsel have taken this case on a contingency agreement, and their legal fees and disbursements will be paid from the Settlement Fund, subject to Court approval.

    If the settlement is approved by the Court or if the Court grants a final decision in favour of the Representative, the lawyers representing the Representative and the class members will be paid from the damages awarded through the class action or from the Settlement Fund, as the case may be. The Court will decide on the reasonableness of the fees and costs requested by Class Counsel.

16. FOR MORE INFORMATION

16. If you have questions...

    If you have questions, you can contact the Settlement Administrator or Class Counsel, the law firm Consumer Law Group Inc., by mail, email or phone. Your name and any information provided will be kept confidential. Please do not contact the Defendants, nor any of the judges of the Superior Court.

    Aveeno Settlement Administrator 5-112 Elizabeth Street Suite #289 Toronto, ON M5G 1P5 Telephone: +1-855-680-0660 Fax: 215-525-0209 Website: www.aveenoactivenaturalssettlement.ca Email: info@aveenoactivenaturalssettlement.ca

    Class Counsel Mtre. Jeff Orenstein Consumer Law Group 1030 Berri Street, Suite 102 Montreal, Quebec Telephone: 514-266-7863 Fax: 514-868-9690 Website: www.clg.org Email: jorenstein@clg.org