OGX Shampoo Lawsuit: Where the Hair Loss Case Actually Stands
Two nearly identical class actions were filed in 2021 over DMDM hydantoin, a formaldehyde-releasing preservative in OGX shampoos and conditioners. One, filed in Illinois, was dismissed with prejudice in March 2022 after an apparent individual resolution. The other — Carr v. Johnson & Johnson Consumer Inc., filed November 23, 2021 in the Eastern District of New York — is still alive. A summary judgment motion has been fully briefed since September 2025, and as of August 2026 the court still hasn't ruled. No class has been certified, no settlement exists, and no money has been set aside for anyone.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuit Alleges
In 2016, Johnson & Johnson acquired Vogue International, the maker of OGX, for roughly $3.3 billion. Plaintiff Tyeshah Carr alleges that around 30 named OGX shampoo and conditioner products — including Biotin & Collagen, Argan Oil of Morocco, and Anti-Breakage + Keratin Oil varieties — contain DMDM hydantoin, a preservative that slowly releases formaldehyde on contact with water. The complaint claims this caused hair loss, thinning, brittleness, and scalp irritation, and that J&J knew about the risk for approximately a decade — having already removed the ingredient from other product lines and from OGX formulations sold outside the U.S. — yet kept selling the unchanged U.S. version without a warning. Claims include design defect, failure to warn, and negligence under strict products liability law.
Case Details
Carr v. Johnson & Johnson Consumer Inc. et al., Case No. 1:21-cv-06557, U.S. District Court for the Eastern District of New York (Hon. Eric R. Komitee). Plaintiff Tyeshah Carr is represented by Squitieri & Fearon, LLP; defendants Johnson & Johnson Consumer Inc. and Vogue International LLC are represented by Barnes & Thornburg LLP. No settlement administrator exists — there is no official settlement website or hotline, because no settlement has been reached.
Current Status: Summary Judgment Pending, No Settlement
Is There a Class to Join Right Now? No.
A 2023 ruling let the proposed class allegations survive an early motion to strike, but that is not the same as class certification — no class has been certified in this case. There is no sign-up list, no claim form, and no deadline, because there is no settlement to opt into. If you believe an OGX product caused you hair loss or scalp injury, the only real option right now is to consult a personal-injury attorney about an individual claim — state statutes of limitations run regardless of how this case ends.
How Much Could You Get? Nobody Knows — Ignore the "Payout Calculators"
Timeline: From a $3.3B Acquisition to a Pending Motion
- 1
June 2016 — J&J acquires Vogue International, maker of OGX
Johnson & Johnson buys Vogue International, and with it the OGX brand, for approximately $3.3 billion — taking over responsibility for the product formulas at the center of the later lawsuits.
- 2
June–November 2021 — Two class actions filed over DMDM hydantoin
Whipple v. Johnson & Johnson Consumer Inc. is filed in the Northern District of Illinois (June 2021), followed by Carr v. Johnson & Johnson Consumer Inc. in the Eastern District of New York (November 23, 2021) — both alleging OGX products with DMDM hydantoin caused hair loss and scalp irritation.
- 3
March 22, 2022 — The Illinois case is dismissed with prejudice
The Whipple case is dismissed with prejudice; the court record does not state a reason, though the timing is consistent with an individual resolution between that plaintiff and J&J. The dismissal does not affect Carr v. Johnson & Johnson, which continues in New York.
- 4
May 17, 2023 — Judge denies motion to strike class claims
In Carr, Judge Eric Komitee denies J&J's motion to strike the proposed class allegations as premature before discovery. An amended complaint follows in July 2023, and the case moves into fact and expert discovery.
- 5
2023–2025 — Discovery, then summary judgment briefing
Fact and expert discovery run through multiple deadline extensions into early 2025. Daubert and summary judgment motions are filed July 23, 2025, with briefing completed by September 2, 2025.
- 6
July 2026 — Still pending, no ruling
J&J files a notice of supplemental authority on July 30, 2026; the court seals dozens of supporting exhibits the next day. As of August 2026, the summary judgment motion remains undecided — no class certified, no trial date, no settlement.
Scam Alert: Fake OGX "Settlement" Sites
Because "OGX shampoo lawsuit" gets real search volume but the case has no real settlement, it's a target for invented content. Watch for:
"Payout calculators" with specific dollar tiers
Several websites publish tables claiming OGX claimants can expect "$25–$75" for a bare purchase up to "$500+" for documented scalp damage. No such tiers exist. There is no settlement fund, so there is nothing to calculate — these figures aren't tied to any court filing.
"File your claim now" forms
Any site or ad asking you to submit a claim form, upload receipts, or pay a fee to "join" the OGX lawsuit right now is not connected to the real case. There is no settlement administrator and no claims process — Carr v. Johnson & Johnson is still waiting on a summary judgment ruling.
Unsolicited calls and texts about your "OGX settlement"
Mass-tort lead-generation operations sometimes recruit potential claimants for cases years before — or entirely without — a real settlement. Anyone contacting you out of the blue claiming you're owed money should be treated with skepticism; verify against the actual docket, not a caller's word.
OGX Shampoo Lawsuit FAQ
Is there an OGX shampoo settlement right now?
No. As of August 2026, no settlement has been reached in the active case, Carr v. Johnson & Johnson Consumer Inc. (E.D.N.Y., No. 1:21-cv-06557). A summary judgment motion has been fully briefed since September 2025 and is still awaiting a ruling.
Can I file a claim for OGX hair loss?
Not through any official settlement process — none exists yet. No class has been certified, so there's no sign-up form. If you believe an OGX product caused you hair loss or scalp injury, the only current path is consulting a personal-injury attorney about an individual claim.
What is the OGX shampoo lawsuit actually about?
The case centers on DMDM hydantoin, a preservative in roughly 30 named OGX shampoo and conditioner products that slowly releases formaldehyde. Plaintiff Tyeshah Carr alleges J&J knew about the risk for about a decade — and had already removed the ingredient from other product lines — but didn't warn U.S. consumers or reformulate OGX.
Wasn't there already an OGX lawsuit that got dismissed?
Yes — a related case, Whipple v. Johnson & Johnson Consumer Inc., filed in the Northern District of Illinois in June 2021, was dismissed with prejudice on March 22, 2022. That dismissal doesn't affect Carr v. Johnson & Johnson, the separate case still active in Brooklyn federal court.
Who owns OGX — Johnson & Johnson or Kenvue?
J&J spun its consumer health division — including OGX — into a separate public company, Kenvue Inc., in 2023. The Carr lawsuit's court docket still names "Johnson & Johnson Consumer Inc." as defendant. Separately, Kenvue itself agreed to be acquired by Kimberly-Clark in a deal announced in November 2025; as of August 2026, that acquisition's closing status is unconfirmed.
Is the "bottles are half empty" OGX lawsuit the same case?
No — that's a different, unrelated lawsuit (Garcia v. Vogue International LLC, filed August 2025 in the Southern District of California) about slack-fill packaging, not chemical safety or hair loss. Don't confuse the two when researching your options.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.