Frequently Asked Questions

This is a court-authorized notice of a proposed settlement in a class action lawsuit, Helene Melzer, et al., v. Johnson & Johnson Consumer, Inc., No: 3:22−CV−03149 pending in the United States District Court for the District of New Jersey before the Honorable Michael A. Shipp. The Settlement would resolve a lawsuit brought on behalf of persons who allege that Johnson & Johnson Consumer Inc., now known as Kenvue Brands LLC (“Defendant” or “JJCI”) collected, stored, and used individuals’ biometric facial geometry without first providing legally-required written disclosures and obtaining written consent. JJCI denies the allegations of this lawsuit.

If you have performed a Skin360 skin assessment, whether via mobile application or web application, between December 9, 2019 and May 5, 2023 within the state of Illinois, your rights may be affected by the Settlement. The Court has granted preliminary approval of the Settlement and has conditionally certified the Settlement Class for purposes of settlement only. This notice explains the nature of the class action lawsuit, the terms of the Settlement, and the legal rights and obligations of the Settlement Class Members. Please read the instructions and explanations below so that you can better understand your legal rights.

The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits private companies from collecting, obtaining, storing, sharing, and/or profiting from biometric identifiers and/or biometric information, such as scans of facial geometry, without first providing specific written disclosures and obtaining written consent. BIPA also requires that companies have a public written policy explaining their data retention and destruction policies. 740 ILCS § 14/15(a).

This lawsuit alleges that Defendant violated BIPA by collecting, storing, disclosing, and profiting from the biometric identifiers and/or biometric information of individuals who scanned their faces during a Skin360 skin assessment without first providing the requisite disclosures or obtaining the requisite consent, and without publicly disclosing a data retention policy. JJCI denies these claims and that it violated BIPA. JJCI maintains it did not collect, store, disclose, or profit from any individual’s biometric identifiers and/or biometric information.

A class action is a lawsuit in which one or more people, called plaintiffs, act as “Class Representatives” and bring a single lawsuit on behalf of other people who have similar claims. All of these people together are a “Class” or “Class Members.” The company the plaintiffs sue is called the defendant. A class action settlement finally approved by the Court resolves the issues for all Class Members, except for those who exclude themselves from the settlement class.

To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties have reached a Settlement, which resolves all claims against Defendant. The Settlement requires Defendant to pay money into a Settlement Fund. This money will be used to pay (1) settlement payments to Settlement Class Members, (2) the costs for distributing notice and settlement payments and other costs of administering the Settlement, and (3) attorneys’ fees and costs to Class Counsel, and service payments to the Class Representatives, if approved by the Court. The Settlement is not an admission of wrongdoing by Defendant and does not imply that there has been, or would be, any finding that Defendant violated the law.

The Court has already preliminarily approved the Settlement. Nevertheless, because the settlement of a class action determines the rights of all members of the class, the Court overseeing this lawsuit must finally approve the Settlement before it can be effective. The Court has conditionally certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can be given this notice and the opportunity to exclude themselves from the Settlement Class, to voice their support or opposition to final approval of the Settlement, and to submit a Claim Form to receive the monetary relief offered by the Settlement. If the Court does not give Final Approval of the Settlement, or if it is terminated by the Parties, the Settlement will be void, and the lawsuit will proceed as if there had been no settlement and no certification of the Settlement Class.

You are a member of the Settlement Class if you performed a Skin360 skin assessment, via mobile application or web application within the state of Illinois, between December 9, 2019 and May 5, 2023. If you performed a Skin360 skin assessment by scanning your face in the state of Illinois during this time period, then you may visit the settlement website, www.Skin360BIPASettlement.com, to submit a claim for a cash payment.

Excluded from the Settlement Class are (a) Defendant, its subsidiaries, parent, and other affiliate entities, and all employees thereof; (b) the Judges presiding over this Action and their immediate family members and staff; (c) Class Counsel and Defendant’s Counsel; (d) Persons who properly execute and file a timely request for exclusion from the Settlement Class; and (e) the successors or assigns of any excluded Persons.

If you are still not sure whether you are included in the Settlement Class, you can call toll-free 1-888-706-4337 or visit www.Skin360BIPASettlement.com for more information.

Cash Payments. Defendant has agreed to pay $4,700,000.00 into a Settlement Fund. This money will be used to pay for all payments to Settlement Class Members who make valid and timely claims; the costs of administering the settlement; attorneys’ fees, costs and expenses; and service payments to the Class Representatives. All Settlement Class Members must submit a Claim Form to receive a payment out of the Settlement Fund.

If the Settlement is approved, each Settlement Class Member who submits a timely Claim Form that is deemed valid will be entitled to an equal payment paid out of the Settlement Fund. The exact amount of each Settlement Class Member’s payment is unknown at this time but could be approximately $___ to $_____, depending on certain factors to be determined, including the total number of valid Claim Forms submitted and the amount of fees, expenses and awards that may be approved by the Court. The Settlement Administrator will issue a payment to each Settlement Class Member who submits a valid Claim Form following the Final Approval of the Settlement. Any checks issued to Settlement Class Members will expire and become void 90 days after they are issued, and no replacement check will be issued.

Additionally, the attorneys who brought this lawsuit (listed below) will ask the Court to award them attorneys’ fees of up to one-third of the Settlement Fund, plus reimbursement of reasonable costs and expenses, for the substantial time, expense and effort spent investigating the facts, litigating the case and negotiating the Settlement. The Class Representatives also will apply to the Court for a service payment of up to $5,000 for their time, effort, and service in this matter.

Prospective Relief. Within 14 days of the Effective Date, JJCI will confirm that (i) it has deleted any images obtained during a Skin360 skin assessment in the Class Period and (ii) subject to any changes in relevant authority, JJCI will maintain a user consent for Skin360 and a written policy regarding the retention and destruction of information collected through Skin360.

To receive the benefits due under the Settlement, you must submit a Claim Form by following the directions set forth at www.Skin360BIPASettlement.com, as set forth in the next section of this Class Notice.

To receive any benefits due under the Settlement, you must submit a Claim Form by following the directions set forth at www.Skin360BIPASettlement.com by November 25, 2026. You may, in the alternative, ask the Settlement Administrator for a paper version of the Claim Form and postmark it by November 25, 2026. You may contact the Settlement Administrator at P.O. Box 3116, Baton Rouge, LA 70821 or by emailing info@Skin360BIPASettlement.com.

Settlement Class Members who fail to submit a Valid Claim by November 25, 2026 will not receive any compensation from the Settlement.

The Court will hold a Final Approval Hearing on December 17, 2026 to decide whether to approve the Settlement. Even if the Court approves the Settlement, there could be appeals. The time for an appeal varies and could take more than a year.

The Effective Date is the date when all appeals are completed, and the Settlement becomes final. You can visit the Settlement Website here to check the progress of the Court-approval process and the Effective Date. Please be patient.

Settlement Consideration for all Valid Claims will be paid after the Effective Date to the Settlement. Payments to Class Members will be made as soon as practicable at the discretion of the Settlement Administrator.

The Court will have the power to enforce the terms of the Settlement Agreement.

You may exclude yourself from the Settlement. If you do so, you will not receive any cash payment, and you will not release any claims you may have against Defendant and the Released Parties (as that term is defined in the Settlement Agreement). You will remain free to pursue whatever legal rights you may have by pursuing your own lawsuit against Defendant at your own risk and expense.

To exclude yourself from the Settlement, you must sign and send a letter to the Settlement Administrator by U.S. mail at P.O. Box 3116, Baton Rouge, LA 70821, postmarked by November 10, 2026, or by email to the Settlement Administrator at info@Skin360BIPASettlement.com by November 10, 2026. The exclusion letter must include (i) the case name and number of this action; (ii) your full name, mailing address, telephone number, and email address; (iii) a statement that you performed a Skin360 skin assessment via website or mobile application, within the state of Illinois between December 9, 2019 and May 5, 2023; (iv) a statement that you wish to be excluded from the Settlement; and (v) your signature. Only one person may be excluded from the Settlement per each exclusion request; no group exclusion requests will be allowed. If you return both a valid and timely Claim Form and a timely request for exclusion, the request for exclusion shall be deemed void and of no force and effect, and the Claim Form shall be processed under the terms of the Settlement.

If you choose to exclude yourself from the Settlement Class: (1) you will not be entitled to receive the benefits of the Settlement; (2) you will not be legally bound by the Settlement Agreement; and (3) you will keep any rights you may have to file or continue your own lawsuit against Defendant about the legal claims included in the Settlement Agreement, as long as suit is filed before the relevant statute of limitations expires.

If you are a Settlement Class Member, you can object to the Settlement if you do not like any part of it. You can also object to Class Counsel’s request for attorneys’ fees, expenses, and costs, and the service payments for the Class Representatives. If you wish to object to the Settlement, you must submit your objection in writing to United States District Court for the District of New Jersey, Trenton Division, Clarkson S. Fisher Building & U.S. Courthouse 402 East State Street, Trenton, NJ 08608. The objection must be received by the Court no later than November 10, 2026. You must also send a copy of your objection to the attorneys for all Parties to the lawsuit, including Class Counsel (Grace E. Parasmo of Parasmo Lieberman Law, 8149 W. Santa Monica Blvd., #611, Los Angeles, CA 90046) and the attorneys representing Defendant (Kathleen L. Carlson, Sidley Austin LLP, One South Dearborn, Chicago, IL 60603), postmarked no later than November 10, 2026. You must also file copies of any papers you propose to submit at the Final Approval Hearing with the Clerk of the Court and send copies of such papers via United States mail, hand delivery, or overnight delivery to both Class Counsel and Defendant’s Counsel. You must also mail a copy of the objection to the Settlement Administrator at P.O. Box 3116, Baton Rouge, LA 70821 postmarked no later than November 10, 2026.

Any objection to the proposed Settlement must include (i) the case name and number of this action; (ii) your full name, mailing address, telephone number, and email address; (iii) a statement that you performed a Skin360 skin assessment via website and/or the mobile application, within the state of Illinois between December 9, 2019 and May 5, 2023; (iv) all grounds for the objection, accompanied by any legal and factual support for the objection; (v) the identity of all counsel representing you and whether or not such counsel will appear at the Final Approval Hearing; (vi) the identification of any other objections you have filed, or that have been filed on your behalf, in any other class action cases in the last five years; (vii) a statement confirming whether you intend to personally appear and/or testify at the Final Approval Hearing; (viii) your signature (your attorney’s signature will not be sufficient); and (ix) a declaration under penalty of perjury that the information provided is true and correct. If you do hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf.

You cannot both object to and exclude yourself from the Settlement Agreement. Any Settlement Class Member who attempts to both object to and exclude themselves from the Settlement will be deemed to have excluded themselves and will forfeit the right to object to the Settlement Agreement or any of its terms.

You may appear at the Final Approval Hearing, which will be held on December 17, 2026 at 10:00 a.m. Eastern Time, in Courtroom 5W of the United States District Court for the District of New Jersey, Trenton Division, Clarkson S. Fisher Building & U.S. Courthouse 402 East State Street, Trenton, NJ 08608 (or at such other time or location as the Court may without further notice direct), in person or through counsel to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate. Attendance at the hearing is not necessary; however, persons wishing to be heard orally in opposition to the Final Approval of the Settlement, the request for attorneys’ fees and expenses, and/or the request for service payments to the Class Representatives are required to indicate in their written objection their intention to appear at the hearing on their own behalf or through counsel. The hearing date and time is subject to change by the Court, so please check the Settlement Website here for updates.

You must sign your own objection. Attorneys’ signatures on objections will not be accepted.

If you do not comply with the foregoing procedures and deadlines for submitting written objections, you may lose substantial legal rights to contest the orders or judgments of the Court entered in connection with the Settlement.

The Court has appointed lawyers from the law firms of Parasmo Lieberman Law, Schwartz Law PLLC, and Mazie Slater Katz & Freeman, LLC as Class Counsel to represent the Settlement Class Members. The only fees, costs, and expenses these lawyers will seek are those described in Question 15. If you want to be represented by your own lawyer in this case, you may hire one at your own expense.

[WILL WE NEED TABLE HERE WITH CLASS COUNSEL INFO?]

For more than three years, Class Counsel have worked without compensation on this case. In connection with the Final Approval Hearing on the Settlement, Class Counsel will apply to the Court for an award of attorneys’ fees, with the total amount not to exceed one-third (1/3) of the Settlement Fund. In addition, Class Counsel may seek all of their reasonable costs and expenses to be paid out of any amounts paid into the Settlement Fund. In the event the Court declines to approve, in whole or in part, the payment of attorneys’ fees, costs, and expenses in the amount requested by Class Counsel, the amount not awarded will be available to be claimed by Settlement Class Members.

Class Counsel will make an application for service payments, in amounts not to exceed $5,000 for Class Representatives Helene Melzer, Christine Borovoy, Andy Sajnani, and Patricia Biewald, to compensate them for their efforts and commitment on behalf of the Settlement Class.

The Court will hold a Final Approval Hearing to decide whether to approve the Settlement, whether to grant Class Counsel’s motion for attorneys’ fees, costs, and expenses, and whether to grant service payments to the Class Representatives. You may attend and you may ask to speak, but you do not have to do either one.

The Final Approval Hearing will be held before the Honorable Michael A. Shipp on December 17, 2026 at 10:00 a.m. Eastern Time, in Courtroom 5W of the United States District Court for the District of New Jersey, Trenton Division, Clarkson S. Fisher Building & U.S. Courthouse 402 East State Street, Trenton, NJ 08608.

Do not write or call the judge or the clerk concerning this Class Notice or the Litigation.

The purpose of the Final Approval Hearing will be for the Court to determine whether the Settlement should be finally approved as fair, reasonable, and adequate, and in the best interests of the Settlement Class, and to consider awarding attorneys’ fees, costs, and expenses to Class Counsel, as well as service payments to the Class Representatives. At the hearing, the Court will hear any objections and arguments concerning the fairness of the Settlement or the fees that have properly been submitted, as set forth above.

The date of the Final Approval Hearing may change without further notice to the Settlement Class. Settlement Class Members are advised to check the Settlement Website at here to check on the date of the Final Approval Hearing, the Court-approval process, and the Effective Date.

No, you are not required to come to the Final Approval Hearing. Class Counsel will answer any questions the Court may have. If you send an objection, you do not have to come to the Court to talk about it. As long as you served your written objection on time and complied with the other requirements for a proper objection, the Court will consider it.

You or your lawyer may ask the Court for permission to speak at the Final Approval Hearing.  

You may not be able to speak at the hearing if you do not comply with the procedures set out in the notice.

If you are a Settlement Class Member, you must file a Claim Form by the Claims Deadline, November 25, 2026, as described in response to Question 9, to receive any Settlement benefits.

IF YOU DO NOTHING AND THE SETTLEMENT IS FINALLY APPROVED, YOU WILL BE BOUND BY THE COURT’S FINAL JUDGMENT AND RELEASE OF CLAIMS EXPLAINED IN THE SETTLEMENT AGREEMENT.  

This Class Notice is only a summary of the terms of the Settlement. More details about the Settlement, the Effective Date, the deadlines, and your options are available in a longer document called the Settlement Agreement. This Settlement Agreement can be reviewed by clicking here [SETTLEMENT AGREEMENT LINK].

The Settlement Website also contains answers to common questions about the Settlement, plus other information to help you determine whether you are a Settlement Class Member. In addition, some of the key documents in the case will be posted on the Settlement Website. If you would like this Class Notice, the Claim Form, or the Settlement Agreement mailed to you, please call 1-888-706-4337 or write to Eisner Advisory Group LLC, the Settlement Administrator, at:

Skin360 BIPA Settlement Administrator
P.O. Box 3116
Baton Rouge, LA 70821

Alternatively, all of the court documents in this case are on file and available for review during regular office hours at the Clerk of the Court, United States District Court for the District of New Jersey, Trenton Division, Clarkson S. Fisher Building & U.S. Courthouse 402 East State Street, Trenton, NJ 08608.

Please do not call the Court or the Court Clerk’s Office to inquire about this Settlement or the Claims Process.