Newell Brands Can’t Undo Orthodontic Pacifier Suit Class Status

Newell Brands Inc. failed to convince a federal judge to undo class status and award the company judgment in a lawsuit alleging it misled consumers into thinking its pacifiers were “orthodontic” and promoted oral development.

The company asked the US District Court for the Northern District of Illinois to decertify a multi-state class of consumers because they couldn’t show common evidence that the pacifier packaging was deceptive.

But the consumers “have produced scientific evidence regarding the effect of ‘orthodontic’ pacifiers on oral development,” Judge Andrea R. Wood said Monday.

The consumers alleged Newell’s Nuk pacifiers were labeled as “orthodontic” which ...