Panarese et Al v. Church & Dwight Co., Inc.

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).

About the defendant

Church & Dwight Co., Inc. develops, manufactures, and distributes household, personal care, and specialty products.

What the complaint says

The problems the plaintiff describes with the website.

• 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
• 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

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

• Violations of the ADA
• Violations of the NYSHRL
• Violations of the Unruh Civil Rights Act

What the plaintiff asks for

What the plaintiff wants the court to order.

• 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.