Kelly McLean v. Alastin Skincare, Inc., Galderma Laboratories, L.P.

Case Summary

According to the complaint, Kelly McLean, a legally blind individual, is suing Alastin Skincare, Inc. and Galderma Laboratories, L.P. for violations of the ADA due to their website, www.alastin.com, being inaccessible to blind users. McLean alleges that she encountered numerous barriers while attempting to access product information and make purchases, including missing alternative text and unlabeled interactive elements. The complaint cites the ADA and New York State laws, seeking injunctive relief to ensure the website is accessible and to certify a class of similarly affected individuals.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• New York State Human Rights Law (NYSHRL)
• Violation of New York State Civil Rights Law (NYCRL)
• Violations of the New York City Human Rights Law (NYCHRL)
• Declaratory Relief

Key Allegations

• Defendants failed to design, construct, maintain, and operate their ecommerce website in a manner accessible to blind and visually impaired individuals.
• Plaintiff encountered multiple accessibility barriers preventing her from navigating the website and completing purchases.
• Defendants' website lacks proper semantic structure, meaningful alternative text, and screen-reader-compatible navigation.

Requested Relief

• A preliminary and permanent injunction prohibiting Defendant from violating Title III of the ADA.
• A preliminary and permanent injunction requiring Defendant to make www.alastin.com fully accessible to blind and visually impaired individuals.
• A declaration that Defendant discriminates against blind individuals and fails to provide equal access as required by law.
• An order certifying the proposed Class and New York Subclass under Fed. R. Civ. P. 23.
• An award of costs, litigation expenses, and reasonable attorneys’ fees.

Proposed Class

All legally blind individuals in the United States who have attempted to access www.alastin.com and, as a result of Defendant’s failure to design, construct, maintain, and operate the Website in an accessible manner, were denied equal access to the goods, services, and information offered thereon.

Jurisdiction & Venue

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 because Plaintiff’s claims arise under the laws of the United States, including Title III of the Americans with Disabilities Act.