Burt’s Bees Class Action Says Blind Customers Unable to Use Website

A visually-impaired woman from New York says in a class action lawsuit that she and other blind individuals are unable to use Burt’s Bees website in violation of the Americans with Disabilities Act.

Lead plaintiff Lucia Marett claims in her class action lawsuit that the health and beauty products company, along with its parent company, Clorox, have failed to implement widely available technology that would make its offerings accessible on BurtsBees.com.

“Defendant is denying blind and visually-impaired persons throughout the United States with equal access to the goods and services Burt’s Bees provides to their non-disabled customers through http//:www.Burtsbees.com,” alleges the Burt’s Bees class action lawsuit.

“Defendants’ denial of full and equal access to its website, and therefore denial of its products and services offered, and in conjunction with its physical locations, is a violation of Plaintiff’s rights under the Americans with Disabilities Act.”

According to the Burt’s Bees class action lawsuit, the Americans with Disabilities Act (ADA), as well as New York State Human Rights Law and New York City Human Rights Law, require equal access for those with disabilities. This access necessarily includes access to retailers online.

In fact, “The blind have an even greater need than the sighted to shop and conduct transactions online due to the challenges faced in mobility,” notes the plaintiff in her Burt’s Bees class action lawsuit.

The plaintiff alleges that she was unable to complete a transaction on the Burt’s Bees website due to access barriers.

“Burtsbees.com contains thousands of access barriers that make it difficult if not impossible for blind and visually-impaired customers to use the website,” contends the Burt’s Bees website class action lawsuit. “In fact, the access barriers make it impossible for blind and visually-impaired users to even complete a transaction on the website.”

Internet shopping, according to the Burt’s Bees ADA class action lawsuit, has become ubiquitous. Readily available technology can make retail sites accessible to those with visual impairments, but Burt’s Bees has failed to implement such technology to reach blind and visually impaired consumers, according to the plaintiff.

Specifically, contends the Burt’s Bees class action lawsuit, the company’s website fails to provide information that is accessible to software that will interpret and read the information to the user, including:

• Accessible image maps
• Accessible forms
• Unreadable search options that are skipped by the screen-reader
• Offers for free shipping and “free stuff” for joining a mailing list are skipped
• Lack of navigation links

“By failing to make the website accessible to blind persons, Defendant is violating basic equal access requirements under both state and federal law,” alleges the Burt’s Bees class action lawsuit.

The plaintiff seeks to represent a nationwide Class of visually-impaired or blind consumers who have attempted to access the Burt’s Bees website, along with a New York subclass.

The Burt’s Bees class action lawsuit is seeking damages as well as a court order requiring the company to implement accessibility features on their website.

The plaintiff has also filed ADA class action lawsuits against Five Guys, Sephora, Pier 1 Imports, Boston Market, Ruby Tuesday, Red Lobster, Rosewood Hotels and Madame Tussauds.

Marett and the proposed Class are represented by Dan Shaked of Shaked Law Group PC.

The Burt’s Bees Website Class Action Lawsuit is Marett v. The Clorox Co., et al., Case No. 1:18­-cv­-09333, in the U.S. District Court for the Southern District of New York.