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Carr v. Johnson & Johnson Consumer Inc.

Class Claims Not Struck; Nature, Extent of Individualized Issues Cannot Yet Be Determined

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MEMORANDUM & ORDER Plaintiff Tyeshah Carr brings this putative class action against Defendants Johnson & Johnson Consumer Inc. (“JJCI”) and Vogue International LLC (“Vogue”), alleging that their haircare products contained a dangerous chemical that caused her hair loss and various scalp injuries. She alleges claims for design defect, failure to warn, and negligence. Defendants now move to strike the class allegations in the complaint. Defendants have not yet answered or moved to dismiss, and Plaintiff has not yet sought to certify the proposed class. For the reasons set forth below, the motion to strike is denied without prejudice to renew. I. Background The following recitation is taken from the complaint. Vogue and JJCI develop, market, and distribute a line of shampoo and conditioner products under the brand name “OGX” (the “OGX Products”). Compl.

27-29, ECF No. 1. In February 2021, Carr alleges, she (and her daughter) “used OGX Products” as directed on the product label. Id.

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