For the last 4 years, a number of lawsuits have been filed against Johnson & Johnson Consumer Inc. (“J&J”) involving its OGX line of shampoo and hair care products. These lawsuits are based on the fact that testing found that OGX products contained the chemicals formaldehyde and DMDD, which are not only toxic but also cause hair loss.
On this page we will look at the OGX shampoo lawsuits. We will explain the basic allegations being made in these cases, the current status of the litigation, and our predictions on the eventual outcome.
About OGX Hair Care Products
OGX is the name of a line of consumer hair care products including shampoo and conditioner. The OGX products were originally developed and sold by Vogue International and became fairly popular, particular with females.
Back in 2016, Vogue International was acquired by the consumer product giant J&J. J&J bought the entire company for $3.3 billion and assumed of all its assets, including the OGX line of hair care products. Following the acquisition, J&J continued making and selling the OGX hair care product line.
The product labeling and marketing for the OGX line claims that these hair care products will revive, repair, and restore hair, leaving it thicker and healthier. The marketing materials also imply that the OGX products are entirely safe for use by consumers.
OGX Products Contain Formaldehyde and DMDM
Despite the claims about safety in the product labels and marketing materials, the OGX line of hair products actually contain 2 toxic chemicals: formaldehyde and DMDM. Formaldehyde is most commonly used to preserve organic tissue, including human remains. It is a highly toxic chemical that is known to be a human carcinogen that can cause various types of cancer when absorbed through the skin.
Formaldehyde forms through a chemical reaction when the chemical DMDM is mixed with water. DMDM happens to be a primary component of all OGX products, all which are designed for use with water. DMDM is used in OGX products as a preservative to prolong their shelf-life. The release of formaldehyde when the OGX products are used is unavoidable because of the presence of DMDM.
J&J (and its predecessor) are well aware that the OGX products contain DMDM which releases formaldehyde. In fact, they have known about this issue for over a decade. Over 12 years ago, the company publicly claimed that it was going to remove these harmful chemicals from its OGX products, and all other personal care products. J&J made the same promise to remove chemicals from its baby shampoo products.
Despite making these promises, the OGX hair care products still contain DMDM until at least September 2021 and possibly longer. In September 2021, J&J finally announced that it would no longer sell OGX products containing DMDM, but they continued to remain on shelves after.
OGX Consumer Class Action Lawsuits
Starting around 2021, J&J has been defending a collection of consumer class action lawsuits involving the chemicals in OGX hair care products. The consumer lawsuits involving OGX involve 2 different allegations: (1) the chemicals in OGX hair products caused many consumers to suffer hair loss, and (2) J&J engage in false and deceptive marketing regarding the safety of OGX products.
The legal claims in the OGX lawsuits have included fraud, unjust enrichment, and violations of state consumer protection statutes.
What J&J Knew About Chemicals in OGX Products
At the center of all of the consumer lawsuits involving OGX hair care products is the question of what J&J knew about chemicals in the products and when did it know about it. The timeline below outlines all the key events related to this issue.
- 1988: A study investigating adverse health consequences from the use of DMDM in consumer cosmetics found clear evidence DMDM was releasing formaldyhyde
- 2005:North American Contact Dermatitis Group: issued formal recommendation that DMDM not be used in any consumer cosmetics
- 2009: Formaldehyde is recognized as a human carcinogen by the International Agency for Research on Cancer and specifically linked to leukemia.
- 2015: Study found that prolonged storage of products containing DMDM can lead to increased release of formaldehyde.
- 2017: DMD is listed as “top allergen” by the FDA, which reports that it can lead to immune system reactions and rashes.
Despite this growing body of evidence regarding the harmful effects of DMDM, J&J failed to reformulate or replace DMDM in the OGX products. They did this even though safe alternatives were available. J&J’s knowledge of the health risks of DMDM is proven by the fact that it made DMDM free products and made various promises to remove the chemical from many other products …. Yet it remained in OGX well after that.
J&J misleadingly marketed OGX products as promoting hair health and appearance. These claims appeared on product labels, the OGX website, and other advertising channels, creating a false impression of safety and effectiveness.
While highlighting the supposed benefits of OGX products, J&J failed to disclose known risks, including hair loss, scalp irritation, and allergic reactions. Consumers, trusting the company’s reputation, were misled by incomplete or deceptive representations and, as a result, suffered harm.
OGX Lawsuit Settlements
The consumer class action lawsuits involving OGX have mostly been resolved through settlements. The plaintiffs and members of the consumer class in these cases received relatively small compensation payouts. This is very typical of most consumer class action settlement payouts.
New J&J Shampoo Lawsuits
Despite the settlements resolving the OGX lawsuits, J&J is still finding itself defending very similar lawsuits involving some its other shampoo and hair care products. In 2024, a new class action lawsuit was filed against J&J involving allegations of false and misleading marketing over Neutrogena shampoo.
This new Neutrogena lawsuit accuses J&J of falsely marketing the product as being safe, healthy and free of chemical preservatives, when in fact the Neutrogena shampoo is full of chemical preservatives. The lawsuit essentially claims that consumers have been duped into paying a premium for Neutrogena products, based on the false assumption that they are healthier and chemical free.
Like the OGX lawsuit, this new case is seeking damages in the form of refunds for all the consumers who purchased Neutrogena shampoo products under these alleged false pretenses. This case will most likely get resolved in a typical consumer class action settlement.
We Are Not Taking These Cases
Our national product liability lawyers are not currently seeking or accepting consumer cases involving OGX or any other J&J products.