Anne Bucher ย |ย  September 16, 2024

Category: Baby Products
Close up of Nuk pacifier products on display in a store, representing the Nuk pacifier class action.
(Photo Credit: Everything You Need/Shutterstock)

Nuk class action lawsuit overview:

  • Who: Plaintiffs Moussa Kouyate, Genesis Johnson, Angel Benitez and Elizabeth Zmrhal filed a class action lawsuit against NUK USA LLC, Graco Childrenโ€™s Products Inc. and Newell Brands Inc.
  • Why: The defendants allegedly falsely advertise their Nuk pacifier product as being โ€œ100% Sustainable.โ€
  • Where: The Nuk pacifier class action lawsuit was filed in Georgia federal court.

A recent Nuk class action lawsuit alleges the companyโ€™s โ€œNUK for Nature 100% Sustainable Silicone Pacifierโ€ is misrepresented because its manufacture, distribution and disposal processes are not sustainable.

Plaintiffs Moussa Kouyate, Genesis Johnson, Angel Benitez and Elizabeth Zmrhal filed the Nuk class action lawsuit, claiming they each purchased at least one Nuk pacifier because they believed the product was sustainable and environmentally friendly.

They claim they would not have purchased a Nuk pacifier, or would not have paid as much for it, had they known the product was not actually 100% sustainable.

Nuk pacifier packaging misleads consumers, plaintiffs claim

Consumers are increasingly aware of the impact their choices have on the environment and seek to purchase environmentally friendly products, the Nuk class action lawsuit says.

The plaintiffs allege Nuk pacifier packaging misleads consumers by including โ€œsustainable,โ€ โ€œsiliconeโ€ and โ€œdurableโ€ language near โ€œ100%โ€ without clarifying which word or words โ€œ100%โ€ describes. Therefore, consumers do not know whether the product is 100% sustainable, 100% silicone, 100% durable, or a combination of these factors.

โ€œEven so, defendantsโ€™ marketing is inherently misleading and false because the pacifier is not 100% any of these things (sustainable, sustainable silicone or durable,โ€ the Nuk class action lawsuit says.

The defendants โ€œdramatically overstated the environmental benefitsโ€ of the Nuk pacifier in a manner likely to mislead consumers, the plaintiffs claim.

The term โ€œsustainableโ€ refers to products or materials made in a way that does not damage the environment and can be used for a long term, the Nuk class action lawsuit argues.ย 

โ€œHere, however, the pacifier and the materials used to make the pacifier cause damage to the environment and cannot be used for a long period of time,โ€ the Nuk class action lawsuit says.

The silicone manufacturing process reportedly involves environmentally destructive mining for silica sand, and silicone is not biodegradable, recyclable or reusable.ย 

Furthermore, the Nuk pacifier product cannot be considered sustainable because the defendants recommend disposing of the product after just two months, the plaintiffs allege.

The Nuk class action lawsuit asserts claims for breach of express warranty, unjust enrichment, fraud, negligent misrepresentation and violations of various California, Georgia, Illinois and New York laws.

Another recent Nuk class action lawsuit alleges the companyโ€™s baby bottles leach microplastics when heated.

What do you think about the Nuk pacifier false advertising allegations? Tell us your thoughts in the comments.

The plaintiffs are represented by MaryBeth V. Gibson of Gibson Consumer Law Group LLC, Brian C. Gudmundson, Rachel K. Tack and Benjamin R. Cooper of Zimmerman Reed LLP and Christopher D. Jennings and Tyler B. Ewigleben of Jennings PLLC.

The Nuk pacifier class action lawsuit is Moussa Kouyate, et al. v. Nuk USA LLC, et al., Case No. 1:24-cv-04020-AT, in the U.S. District Court for the Northern District of Georgia, Atlanta Division.


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2 thoughts onNuk class action alleges pacifier falsely advertised as 100% sustainable

  1. ANNETTE says:

    I would not have purchased a Nuk pacifier, for my grandchild or would not have paid as much for it, had they known the product was not actually 100% sustainable.

    1. LATOYA MATTHEWS says:

      Please add me

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