Published
March 12, 2026
Updated
September 15, 2026
This $4.7 million settlement concerns Skin360 facial scans performed in Illinois. The court has granted preliminary approval and the claim process is now open, with a filing deadline of November 25, 2026.
What Is This Settlement About?
A $4.7 million agreement resolves claims involving Illinois users of the Neutrogena Skin360 facial-analysis tool. The court granted preliminary approval and authorized notice, so the claim process is open; final approval is still pending.Neutrogena Skin360 was a digital skin analysis tool that asked users to complete a 180-degree facial scan using their smartphone camera. The software analyzed their skin — evaluating wrinkles, fine lines, dark spots, dark circles, and texture — then generated a personalized "Skin360 score" and recommended Neutrogena products. The technology was developed using more than 10,000 facial databases across ethnicities, skin types, and ages (7 to 70 years old), with more than 10 types of lighting conditions.
The problem, according to a class action lawsuit originally filed in May 2022, is that Neutrogena's facial scanning technology captured detailed scans of each user's unique facial geometry — a biometric identifier — and stored those scans in an electronic database linked to users' names, birth dates, email addresses, sleep and exercise habits, stress levels, and even real-time geolocation data. The company also allegedly used this facial data to train and enhance its AI assistant called NAIA, which recommended Neutrogena products to users.
The lawsuit alleged that Neutrogena never told users their facial biometric data was being captured, never explained how the data would be used or how long it would be stored, and never obtained their informed written consent — all of which are required under the Illinois Biometric Information Privacy Act (BIPA). Neither the Neutrogena Skin360 Privacy Policy nor its Terms of Use contained any written policy regarding the treatment of biometric information or biometric identifiers. The company did not even disclose that it was collecting this type of data at all.
Status
Claims Open
Preliminary approval granted · claims close November 25, 2026
Settlement Fund
$4.7 million
Non-reversionary fund
Can I Claim?
Yes
No proof required · see the Skin360 settlement page to file
How Did This Lawsuit Play Out in Court?
The case has a significant legal history preceding the proposed agreement.The lawsuit was originally filed on May 26, 2022 in the U.S. District Court for the District of New Jersey. Johnson & Johnson moved to dismiss the case, arguing that Skin360 was a healthcare or wellness service exempt from BIPA's requirements. In April 2023, Judge Michael Shipp denied that motion, ruling that it was "a reach to consider" the app's AI-driven skin assessments "medical care" under BIPA's healthcare exemption. The judge noted that Skin360 uses AI and a database of images with no medical professionals involved, and that it primarily recommends Neutrogena products — making it closer to a marketing and sales tool than to medical care.
Plaintiffs filed a Second Amended Complaint in July 2024 adding three additional plaintiffs (Christine Borovoy, Andy Sajnani, and Patricia Biewald). Johnson & Johnson filed a second motion to dismiss, which Judge Shipp denied again on March 7, 2025, holding that Skin360 users were not "patients in a healthcare setting" under BIPA.
After losing both motions to dismiss, the parties participated in mediation in Chicago on August 5, 2025. They reached an agreement in principle, executed a settlement term sheet on October 23, 2025, and filed the formal Settlement Agreement for preliminary court approval on February 17, 2026.
In 2023, Johnson & Johnson spun off its consumer division — which includes Neutrogena — into a standalone company called Kenvue Inc. Kenvue is now the settling defendant. Kenvue does not admit liability and denies wrongdoing.
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Who Would Be Covered?
The proposed settlement class would cover individuals who, while in Illinois, performed a Skin360 skin assessment using any version of the tool — including Neutrogena Skin360, Neostrata Skin360, and any Skin360 collaborations with other brands — via mobile app or web browser, between December 9, 2019 and May 5, 2023.Settlement documents estimate approximately 11,000 class members. This is an Illinois-only settlement because BIPA is an Illinois state law. Excluded from the class are Kenvue/J&J employees, judges, attorneys involved in the case, and anyone who opts out.
What Could Payments Be If Approved?
The proposed fund is $4.7 million and is described as non-reversionary. After any court-approved fees, costs, awards, and administration expenses, the remaining amount would be divided on a pro-rata basis among class members with valid claims.Settlement documents use approximately 11,000 potential class members in their estimates. Any individual payment would depend on court approval, deductions, and participation, so the filing does not establish a guaranteed payout.
The proposed claim procedure is based on an attestation that a person used Skin360 while in Illinois during the class period. Those terms are not operative unless the court approves the agreement and an official notice establishes the process and deadlines.
What Happens to My Facial Data?
The proposed agreement also addresses facial images collected through Skin360.If approved, Kenvue would delete facial images collected through Skin360 skin assessments during the class period and confirm the deletion after final approval.
The proposed terms also call for notice and written consent for future Skin360 use and a written policy governing retention and destruction of biometric data.
What Happens to Unclaimed Money?
Under the proposed agreement, qualifying residual funds would be directed to the Electronic Privacy Information Center rather than returned to Kenvue. That provision also depends on court approval.Is a Claim Process Open?
Yes. The court granted preliminary approval and authorized notice, the official settlement website is live, and Illinois Skin360 users can now file a claim. The deadline to file is November 25, 2026, the deadline to opt out or object is November 10, 2026, and the final approval hearing is set for December 17, 2026. Filing requires a sworn attestation rather than receipts or an administrator-issued claim ID.Eligibility, the payment structure and the filing steps are set out on OCA's Neutrogena Skin360 BIPA settlement page.
Why This Case Matters
The proposed Neutrogena Skin360 settlement adds to a growing wave of BIPA enforcement actions involving consumer technology products that use facial recognition or facial analysis without adequate disclosure. Other notable BIPA settlements include Facebook's $650 million facial recognition settlement, Google's $100 million Google Photos settlement, and YouTube's $6 million Face Blur settlement.Judge Shipp's ruling that Skin360 users are not "patients in a healthcare setting" — and that the app is a consumer beauty/marketing tool, not a medical service — is likely to be cited in future cases involving wellness apps, beauty technology, and AI-driven skin analysis tools. The ruling effectively means that companies cannot avoid BIPA by labeling a consumer product as a "health" or "wellness" service.
Under BIPA, statutory damages can vary based on the nature of a proven violation. The parties' proposed $4.7 million agreement would resolve the case without further litigation, but it does not provide guaranteed compensation unless it is approved and becomes effective.
Sources
• Global Cosmetics News — J&J Agrees to $4.7M Settlement Over Skin360 BIPA Claims (Feb 2026)• ID Tech — Kenvue Agrees to $4.7M BIPA Settlement Over Skin-Scanning App (Feb 2026)
• Cosmetics Business — Neutrogena Owner Agrees $4.7M Settlement Over Skin360 Claims
• RetailBoss — J&J Settles Class Action Over Alleged BIPA Facial Scan Violations
• Happi — Kenvue Agrees to $4.7 Million Skin360 Settlement
For more class actions keep scrolling below.
Status
Preliminary approval granted — claims open
Case Title
Melzer et al. v. Johnson & Johnson Consumer Inc.
Case Number
3:22-cv-03149
Court
U.S. District Court, District of New Jersey
Agreement Filed
February 17, 2026
