Plaintiff
- Name: John Panarese Abelardo Martinez, Jr.
- Filing date: July 10, 2019
- State of filing: New York
Defendant
- Name: Church & Dwight Co., Inc.
- Website: www.toppik.com AND www.viviscal.com
- Industry: Consumer Goods
- Summary: Church & Dwight Co., Inc. develops, manufactures, and distributes household, personal care, and specialty products.
Case Summary
On July 10, 2019, John Panarese Abelardo Martinez, Jr. filed a Complaint in New York Federal court against Church & Dwight Co., Inc. . Plaintiff John Panarese Abelardo Martinez, Jr. alleges that www.toppik.com AND www.viviscal.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
The Toppik Website’s barriers are pervasive and include, but are not limited to, the following:
- Missing alternative text which presents a problem because an image without alternative text results in an empty link.
- Empty or missing form labels
- Empty links that contain no text
The Viviscal Website’s barriers are pervasive and include, but are not limited to, the following:
- Missing alternative text which presents a problem because an image without alternative text results in an empty link.
- Empty or missing form labels
- Empty links that contain no text
- Redundant Links where adjacent links go to the same URL address
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violations of the ADA
- Violations of the NYSHRL
- Violations of the Unruh Civil Rights Act
Plaintiff seeks the following relief by way of its Complaint:
- For a judgment that Defendant violated Plaintiffs’ rights under the ADA, 42 U.S.C. § 12181 et seq., Plaintiff Panarese’s rights under NYSHRL, N.Y. Exec. Law § 296, et seq., and Plaintiff Martinez’s rights under the Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq.
- For a preliminary and permanent injunction requiring Defendant to take the steps necessary to make the Toppik Website, www.toppik.com, and the Viviscal Website, www.viviscal.com, readily accessible to and usable by visually-impaired individuals
- For compensatory and/or statutory damages as permitted by law
- For Plaintiffs’ reasonable attorneys’ fees and court costs
- For pre-judgment interest to the extent permitted by law; and F. For such other and further relief as the Court deems just and proper.