Target simethicone class action lawsuit overview:
- Who: Plaintiff Victor Twal filed a class action lawsuit against Target Corp.
- Why: Twal claims that Target falsely advertises its 250mg simethicone gas relief product as “maximum strength” when stronger doses are available over the counter.
- Where: The class action lawsuit was filed in New York federal court.
A new Target class action lawsuit alleges the company’s Up & Up brand gas relief product is falsely advertised as “maximum strength.”
Plaintiff Victor Twal says he purchased Up & Up Maximum Strength Gas Relief Simethicone Softgels from a Target store, believing the product was “maximum strength” as advertised.
The active ingredient simethicone relieves painful pressure caused by excess gas in the stomach and intestines, Twal explains.
Target’s gas relief product contains 250mg of the active ingredient simethicone but Twal claims other over-the-counter products are sold in doses up to 500mg.
He points to the product label, which prominently states “maximum strength gas relief” and urges consumers to compare the active ingredient to a similar Gas-X product.
“A reasonable consumer would conclude that a Simethicone product labeled as ‘maximum strength’ would contain the maximum amount of Simethicone available in pill form,” Twal alleges.
Target class action says class members paid premium for falsely advertised product
Twal claims he paid a premium for a product he believes was the maximum strength he incorrectly believed was the maximum strength he could purchase over the counter. He would not have paid as much for the product had he known it was falsely advertised as maximum strength, the Target class action lawsuit says.
Twal filed the Target lawsuit on behalf of a proposed class of consumers who purchased the allegedly falsely advertised gas relief product anywhere in the United States and a subclass of consumers who purchased the product in the state of New York during the class period.
The lawsuit asserts claims for violations of New York General Business Law, breach of express warranty, negligence per se and unjust enrichment.
A Zenwise class action lawsuit alleges the company’s Digestive Enzymes and No Bloat supplements are falsely marketed as containing clinically proven ingredients to treat excessive gas and bloating.
Have you purchased Target simethicone ‘maximum strength’ gas relief products? Tell us what you think of the class action allegations in the comments.
Twal is represented by Jason P. Sultzer and Philip Furia of Sultzer & Lipari PLLC and Nick Suciu III of Milberg Coleman Bryson Phillips Grossman PLLC.
The Target simethicone class action lawsuit is Victor Twal v. Target Corporation, Case No. 7:24-cv-07685, in the U.S. District Court for the Southern District of New York.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
- $2.2B GSK settlement resolves most state Zantac cases
- Pfizer lawsuit claims company didn’t warn Depo-Provera patients about brain tumor risk
- Judge trims Tussin non-drowsy claims but allows class action to proceed
- Cassava agrees to $40M settlement over misleading Alzheimer’s clinical trial statements
