Plaintiff
- Name: Abelardo Martinez, Jr.
- Filing date: April 13, 2020
- State of filing: California
Defendant
- Name: Johnson & Johnson Inc.
- Website: www.benadryl.com
- Industry: Pharmaceuticals
- Summary: Johnson & Johnson Inc., one of the world's most valuable companies, develops medical devices, pharmaceutical, and consumer packaged goods. Among their product lines is Benadryl, an antihistamine medication used to stop allergies. The common active ingredients in Benadryl are diphenhydramine, acrivastine, and cetirizine.
Case Summary
On April 13, 2020, Abelardo Martinez, Jr. filed a Complaint in California State court against Johnson & Johnson Inc.. Plaintiff Abelardo Martinez, Jr. alleges that www.benadryl.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Linked image missing alternative text which presents a problem because an image without alternative text results in an empty link. Alternative Text is invisible code embedded beneath a
graphical image on a website. Web accessibility requires that Alternative Text be coded with each picture so that a screen reader can speak the Alternative Text where a sighted user sees pictures. Alternative Text does not change the visual presentation, but instead generates a text box that will popup when the mouse moves over the picture. The lack of Alternative Text on these graphics prevents screen readers from accurately vocalizing a description of the graphics. As a result, visually-impaired Johnson & Johnson customers are unable to determine what is on the website, browse the site, and
determine whether or not to purchase Defendant’s products; - Empty or missing form labels which presents a problem because, if a form control does not have a properly associated text label, the function or purpose of that form control may not be presented to screen reader users. Form labels provide visible descriptions and larger clickable targets for form controls;
- Empty links that contain no text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen reader users; and
- Empty headings, which present a problem because a heading contains no content. Keyboard and screen reader users often navigate by heading elements. An empty heading will present no information and may introduce confusion.
Plaintiff asserts the following cause(s) of action in its Complaint:
Unruh Civil Rights Act, California Civil Code § 51 et seq.
Plaintiff seeks the following relief by way of its Complaint:
- For a judgment that Defendant violated Plaintiff’s rights under the Unruh Civil Rights Act, California Civil Code § 51 et seq.;
- For a preliminary and permanent injunction requiring Defendant to take the steps necessary to make the Website, https://www.benadryl.com/, readily accessible to and usable by
visually-impaired individuals; but Plaintiff hereby expressly limits the injunctive relief to require that Defendant expend no more $20,000 as the cost of injunctive relief; - An award of statutory minimum damages of $4,000 per violation pursuant to section 52(a) of the California Civil Code; however, Plaintiff expressly limits the total amount of recovery,
including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999; - For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, California Civil Code § 52(a); however, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999;
- For pre-judgment interest to the extent permitted by law;
- For costs of suit; and
- For such other and further relief as the Court deems just and proper.
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