NUK Orthodontic Pacifier Lawsuit

A federal court has preliminarily established, or “certified,” this case as a class action lawsuit. The Court has authorized Notice regarding the certification of this case and about class members’ rights and options. The class consists of persons who purchased NUK Orthodontic Pacifiers in any of the following states during the noted time periods: California (since October 16, 2019), Florida (since October 16, 2019), Illinois (since October 16, 2019), Massachusetts (since October 16, 2019), Michigan (since October 16, 2019), Minnesota (since October 16, 2019), Missouri (since October 16, 2019), New Jersey (since October 16, 2019), New York (since October 16, 2019), and Washington (since October 16, 2019). Persons who purchased NUK Orthodontic Pacifiers in other states or the purchase was made outside the noted time periods are not part of the class and are not affected by the Notice or this lawsuit.

Judge Andrea Wood of the United States District Court for the Northern District of Illinois Eastern Division (the “Court”) is overseeing this case. The case is known as Benson et al. v. Newell Brands Inc. et al., Case No. 1:19-cv-06836. The people who sued are called Plaintiffs. The companies they are suing, Newell Brands Inc., and its subsidiary Graco Children’s Products, Inc., are called Defendants.

In this lawsuit Plaintiffs allege that Defendants violated state consumer protection laws in California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, and Washington by misleading consumers through use of the word “orthodontic” on packaging for NUK Orthodontic Pacifiers. Plaintiffs allege that the word “orthodontic” leads consumers to believe that NUK Orthodontic Pacifiers promote healthy oral development better than other pacifiers, and Plaintiffs allege that this is not true. Plaintiffs allege the use of the word “orthodontic” on NUK Orthodontic Pacifier packaging is misleading and caused consumers to pay more than they otherwise would have. Plaintiffs are seeking recovery for alleged advertising-related economic losses only.

Defendants contend that the labeling on NUK Orthodontic Pacifiers is not misleading in any way and that the word “orthodontic” accurately describes their product. Defendants deny Plaintiffs’ allegations of any wrongdoing and deny that they violated any state’s consumer protection laws.

The Court has not decided who is right.

In a class action lawsuit, one or more people called “Class Representatives” (in this case Shelly Benson and Lisa Caparelli) sue on behalf of other persons with similar claims. Here, those persons together are “Ten-State Class” members. One court resolves the issues for all members of the Ten-State Class, except for those who exclude themselves (“opt out”) from the lawsuit.

The Court decided this lawsuit can proceed as a class action. More information about why the Court is allowing this lawsuit to proceed as a class action is in the Court’s Memorandum Opinion and Order, which you may view here.

No. The Court has not decided whether Defendants did anything wrong, or whether any members of the Ten-State Class are entitled to relief. Therefore, no money is available to Ten-State Class members and there is no guarantee that there ever will be. If money becomes available, if you are a Ten-State Class member you may have to take other steps, such as submitting a claim form, in order to get your potential monetary award (money). If so, class members will be notified of any additional steps they must take. You can stay informed of the progress of this case by visiting this website or by calling 1-800-627-0569.

The Court has decided that members of the Ten-State Class are:

All persons who purchased in the State of California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, or Washington any of the NUK- branded Orthodontic Pacifiers, within the applicable statute of limitations, until May 14, 2026.

Defendants' “orthodontic” pacifiers at issue are sold under the NUK brand name and include the following products, as well as any other NUK-branded pacifiers that have an "orthodontic" label: NUK Orthodontic Pacifiers, NUK Space™ Orthodontic Pacifiers, NUK Latex Orthodontic Pacifiers, NUK Sports Orthodontic Pacifiers, NUK Confetti Orthodontic Pacifiers, NUK Fashion Orthodontic Pacifiers, NUK Sensitive™ Orthodontic Pacifiers, and NUK Juicy Orthodontic Pacifiers.

If you are unsure whether you are included in the Ten-State Class you can call toll-free 1-800-627-0569, or write to NUK Notice Administrator, PO Box 3507, Portland, OR 97208-3507, for more information.

If you are a member of the Ten-State Class, you must decide whether to stay in the Ten-State Class, or whether to exclude yourself. You have to decide this no later August 24, 2026.

If you are a member of the Ten-State Class and do nothing, you will stay in the Ten-State Class. If you stay in, you will be legally bound by all of the decisions that the Court makes, and if Plaintiffs obtain money later on, you may be entitled to a potential monetary award (money). Regardless of the outcome of the lawsuit, however, if you do nothing, and thereby remain in the Ten-State Class, you will never be able to sue (or continue to sue) Defendants about the legal claims in this case.

If you exclude yourself from the Ten-State Class and the Ten-State Class is awarded money later on, you will not be eligible to claim any of that money. You also will not be legally bound by the Court’s judgments if you exclude yourself. You will be able to sue (or continue to sue) Defendants on your own about the legal claims that are involved in this case, now or in the future, assuming your claims are not time-barred or otherwise prohibited (you should consult your own lawyer to make such a determination).

To exclude yourself, you must send a letter with the following information:

• Your name and address.
• A statement that you wish to be excluded from the Ten-State Class in Benson et al. v. Newell Brands Inc., et al., Case No. 1:19-cv-06836; and
• Your signature.

You must mail your Exclusion Request postmarked by August 24, 2026, to:

NUK Notice Administrator
P.O. Box 3507
Portland, OR 97208-3507

Yes. The Court appointed Melissa Weiner of Pearson Warshaw, LLP and Edwin Kilpela Jr. of Wade Kilpela Slade as “Class Counsel.” They are experienced in handling similar class action cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

If Class Counsel obtains money for the Ten-State Class, they may ask the Court for fees and expenses. You will not have to pay these fees and expenses. If the Court grants their request, the fees and expenses will either be deducted from any money obtained for the Ten-State Class or paid separately by Defendants.

If you are a Ten-State Class member, you are not required to hire your own lawyer because Class Counsel is working on your behalf. But if you want your own lawyer, you may hire one at your own expense.

To prevail in the lawsuit, Plaintiffs must prove their claims at a trial to be scheduled at a later date. During the trial, the judge and/or jury will hear evidence in order to determine whether Plaintiffs or Defendants are right about the claims in the lawsuit. There is no guarantee that Plaintiffs will win any money for the Ten-State Class.

If there is a trial, class members will not need to attend unless you choose to do so, or you are asked to attend by the Court. You and/or your own lawyer are welcome to attend at your own expense. If you are interested in attending, please check the website or call the toll-free number and ask to be kept informed of the trial schedule.

If Plaintiffs obtain money as a result of the trial, then class members will be notified about how to submit a claim to participate in a claims process. We do not know how long this will take. Information will be posted on the website as it becomes available. You can access the website whether you stay in the lawsuit or exclude yourself.

You can call toll-free 1-800-627-0569, write to NUK Notice Administrator, PO Box 3507, Portland, OR 97208-3507; you may also obtain additional information from the Documents page on the website.

You may also contact Class Counsel.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE TO INQUIRE ABOUT THIS LAWSUIT