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Two parents have filed a class action lawsuit against Newell Brands Inc. and NUK USA LLC, saying that the companies’ “orthodontic” pacifiers are harmful to toddlers, contrary to their advertisements.
The orthodontic pacifier class action lawsuit was filed by Shelly Benson and Lisa Caparellil who claim they each purchased at least one of the “orthodontic pacifiers” for their children.
Allegedly, they viewed advertisements showing that the NUK orthodontic pacifiers were intended for children over the age of 24 months.
The NUK pacifier class action states that the two customers purchased the pacifiers specifically because of the advertisement claiming that the product was appropriate for toddlers.
The plaintiffs say that they and many other customers were financially injured by the companies’ misrepresentations because had they known that the pacifiers did not work as advertised and could do damage to children’s oral development, they would not have purchased them.
The Newell pacifier class action lawsuit claims that the advertisements around the pacifiers are misleading because prolonged pacifier use by children over the age of 24 months can cause various oral and dental problems.
The orthodontic pacifiers are sold under the NUK brand, and come in a number of different versions. They are sold at multiple retailers including Target, Walgreens, CVS, Walmart, buybuyBaby, and Safeway, as well as online through these retailers.
The following pacifiers are included in this class action lawsuit:
- NUK® Orthodontic Pacifiers
- NUK® Space™ Orthodontic Pacifiers
- NUK® Latex Orthodontic Pacifiers
- NUK® Sports Orthodontic Pacifiers
- NUK® Confetti Orthodontic Pacifiers
- NUK® Fashion Orthodontic Pacifiers
- NUK® Sensitive™ Orthodontic Pacifiers
- NUK® Juicy Orthodontic Pacifiers
The customers say Newell and NUK should have been aware that pacifier use by older children could cause injury. They claim that the companies put children at risk in the interest of maximizing their profits.
The NUK pacifier class action lawsuit says not only do the companies claim that the pacifiers are safe for use by older children, but actually improves their dental and oral development.
The NUK class action lawsuit cites numerous statements allegedly made by the companies, including claims that “NUK’s asymmetrical nipple naturally fits baby’s palate and is now improved to allow for more room for a natural sucking motion, reduce pressure on teeth and jaw, and helps prevent teeth misalignment.”
Another such statement that appears on the website, advertises that the orthodontic pacifier “promotes the natural development of jaw and teeth.”
The NUK orthodontic pacifier class action says that “decades of research studies” have shown that prolonged habits like using a pacifier is related to a number of negative affects on oral myofunctional structures — bite, jaw alignment, teeth position, musculature, and others.
The NUK class action lawsuit points to this research to state that there is no scientific backing for the claims that pacifier use can help prevent such problems, as the companies allegedly claim. Instead, the customers say there is evidence to show that pacifier use does the opposite — actively harming such development.
Have you purchased a NUK pacifier because of advertised benefits? Let us know in the comments below.
The customers are represented by Katrina Carroll, R. Bruce Carlson, Edward J. Kilpela and Bryan A. Fox of Carlson Lynch LLP, Daniel L. Warshaw, Melissa S. Weiner and Joseph C. Bourne of Pearson Simon & Warshaw LLP and Patrick W. Michenfelder of Throndset Michenfelder Law Office.
The NUK Orthodontic Pacifier False Advertising Class Action Lawsuit is Shelly Benson, et al. v. Newell Brands Inc., et al., Case No. 1:19-cv-06836, in the U.S. District Court for the Northern District of Illinois, Eastern Division.
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159 thoughts onNUK ‘Orthodontic’ Pacifiers Harmful For Toddlers, Class Action Says
We’ve recently been told out 3.5 ye old son has a crossbite and his top jaw is narrowed. We exclusively used Nuk because of their “orthodontic” pacifiers. My mother used them with me when I was a baby, but that was 40 years ago! I’m devastated. We stopped using pacifiers at 2.5 because the dentist noticed the narrowing of his jaw. It’s not improving one year later. Please add me to the class action.