The makers of the Nuk Orthodontic Pacifier—sold in a number of major retail stores, including Target, Walgreens, Walmart, and CVS—is facing a lawsuit alleging deceptive packing and marketing because the product allegedly leads to dental issues.
The lawsuit, filed in the U.S. District Court for the Northern District of Illinois Eastern Division, against Newell Brands Inc and Nuk USA LLC claims the companies violated Illinois’ Consumer Fraud and Deceptive Trade Practices Act, Uniform Trade Practices Act, and other state consumer protections 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.
According to Legal Newsline, 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.”
While the plaintiffs are seeking punitive damages, restitution and disgorgement, injunctive relief and to enjoin the defendants from further unlawful practices, they are also seeking an order for a corrective advertising campaign by the defendants.
