Target’s Up & Up Gas Relief Softgels Falsely Advertised as ‘Maximum Strength’, Class Action Alleges
Twal v. Target Corporation
Filed: October 9, 2024 ◆§ 7:24-cv-07685
Target faces a class action that alleges the retail giant’s Up & Up Maximum Strength Gas Relief Simethicone Softgels are not actually maximum strength as advertised.
Target faces a proposed class action lawsuit that alleges the retail giant’s Up & Up Maximum Strength Gas Relief Simethicone Softgels are not actually maximum strength as advertised.
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The 21-page lawsuit argues that Target, by labeling the product as “maximum strength,” misleads consumers to believe that the gas relief softgels contain the highest possible concentration of the active ingredient, simethicone, at 250 milligrams (mg) per dose. However, according to the case, other over-the-counter products provide simethicone at doses higher than 250 mg, including up to 500 mg.
The plaintiff, a New York resident, says he bought the Up & Up pills based on the representation that he would be getting the strongest over-the-counter gas relief products available on the market.
The suit claims that Target’s false labeling has caused customers to overpay for gas relief pills that were of less value than they expected.
“Had [the plaintiff] and class members known the truth about the product, i.e., that it does not have the benefit it says it does (i.e. ‘maximum strength’) they would not have been willing to purchase it at any price, or, at a minimum would have paid less for it,” the complaint contends.
The Target lawsuit looks to represent anyone who purchased Up & Up Maximum Strength Gas Relief Simethicone Softgels 250 mg anywhere in the United States during the applicable statute of limitations period.
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