CHICAGO (Legal Newsline) — The makers of an orthodontic pacifier sold at Target, Walgreens, CVS, Walmart and other major retail stores is facing a lawsuit over allegations of deceptive packing and marketing because the products allegedly lead to dental issues.
According to the Oct. 16 filing in the U.S. District Court for the Northern District of Illinois Eastern Division, plaintiffs Shelly Benson and Lisa Caparelli, individually and on behalf of all others similarly situated, filed a lawsuit against Newell Brands Inc. and Nuk USA LLC claiming the company violated Illinois' Consumer Fraud and Deceptive Trade Practices Act, Uniform Deceptive Trade Practices Act and other state consumer protection laws as well as unjust enrichment.
"Defendants’ deceptive marketing practices include: (1) the deceptive misrepresentation that its pacifiers are 'orthodontic,' which is deceptive and misleading to reasonable consumers; and (2) the omission of material facts concerning the risks associated with pacifier use by children over the age of 24 months," the plaintiffs claim in the suit.
The suit states the packaging on the defendants' largest orthodontic pacifiers represent they are for children ages 18 to 36 months. The plaintiffs allege the use of the word orthodontic "affirmatively represents" to consumers that the pacifiers are beneficial for dental health or alignment of the and jaws.
According to the suit, the plaintiffs also allege the defendant's pacifier packaging and advertising fail to disclose that pacifier use "increases the risk of developing numerous forms of dental malocclusions and teeth misalignment."
The plaintiffs seek punitive damages, restitution and disgorgement, injunctive relief and to enjoin the defendants from further unlawful practices. They also seek an order for a corrective advertising campaign by the defendants.
The plaintiffs are represented by Katrina Carroll and R. Bruce Carlson of Carlson Lynch LLP in Washington, D.C. and Pittsburgh and Melissa Weiner and Daniel Warshaw of Pearson, Simon & Warshaw LLP in Minneapolis and Sherman Oaks, California.
U.S. District Court for the Northern District of Illinois Eastern Division case: 1:19-cv-06836