MORGAN v. THE HYGENIC CORPORATION

    Plaintiff

    • Name: Jon R. Morgan
    • Filing date: July 25, 2019
    • State of filing: New York

    Defendant

    • Name: The Hygenic Corporation
    • Website: www.biofreeze.com
    • Industry: Consumer Goods
    • Summary: The Hygenic Corporation is a manufacturer of standard and custom synthetic and natural rubber products and is the owner of the company that makes Biofreeze topical analgesic.

    Case Summary

    On July 25, 2019, Jon R. Morgan filed a Complaint in New York Federal court against The Hygenic Corporation . Plaintiff Jon R. Morgan alleges that www.biofreeze.com is not accessible per the WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Lack of alternative text
    • Many features on the Website also fail to add a label element or title attribute for each field
    • The Website also contained a host of broken links, which is a hyperlink to a nonexistent or empty webpage.

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Violations of the ADA, 42 U.S.C. § 1281 et seq.
    • Violations of the NYSHRL
    • Violation of the New York State Civil Rights Law
    • Violations of the NYCHRL
    • Declaratory Relief 

    Plaintiff seeks the following relief by way of its Complaint:

    • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
    • A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals
    • A declaration that Defendant owns, maintains and/or operates its Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
    • An order certifying the Class and Sub-Classes under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel
    • Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York State Human Rights Law and City Law
    • Pre- and post-judgment interest
    • An award of costs and expenses of this action together with reasonable attorneys’ and expert fees
    • Such other and further relief as this Court deems just and proper.

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