Target Class Action: "Maximum Strength" Gas Relief Claims Challenged

Case Overview: A class action lawsuit has been filed against Target, alleging that the company misrepresents the dosage amounts of their Up & Up Maximum Strength Gas Relief Simethicone Softgels.

Consumers Affected: Individuals who purchased Target's Up & Up Maximum Strength Gas Relief Simethicone Softgels.

Court: U.S. District Court for the Southern District of New York

Target is being sued for allegedly misleading consumers with its Up & Up Maximum Strength Gas Relief Simethicone Softgels. The lawsuit claims that Target falsely advertised the product as “maximum strength,” while higher doses of simethicone are available in other over-the-counter products. 

The lawsuit argues that consumers purchase the product in reliance on its label, which are deceptive, and accuses Target of violating consumer protection laws by making the false claims and charging a premium price for a product that doesn't meet the expectations of maximum potency.

Target Accused of Misleading Consumers 

New York resident Victor Twal filed the proposed class action lawsuit after he purchased Target's Up & Up Maximum Strength Gas Relief softgels believing the product contained the highest possible dose of simethicone, an ingredient commonly used to relieve gas-related discomfort. 

Twal says he read the product’s label and, like any reasonable consumer, assumed that “maximum strength” meant it offered the strongest dose of the active ingredient available on the market. However, Twal later discovered that simethicone is available in higher doses in other products, including up to 500mg per dose—double the amount in Target’s product. 

Twal claims that had he known this, he would not have paid as much for the product, or purchased it at all. He and other consumers who bought the product under this belief were deprived of the benefit of their purchase, paying a premium for what turned out to be a lower-strength product, the lawsuit alleges.

Law States Labeling Must be Accurate

The lawsuit centers on the claim that Target violated New York's General Business Law by falsely advertising the strength of its product. Consumer protection laws require that product labels accurately reflect what is inside, particularly when consumers rely on those labels to make informed decisions about their purchases.

By labeling its product as “maximum strength,” Target allegedly misled customers into believing they were getting the most potent version of simethicone, when in reality, stronger versions are widely available. The lawsuit highlights that accurate labeling is crucial for consumers making health-related decisions, as misrepresentations can lead to purchasing products that don't meet their needs.

Twal also argues that Target knew the “maximum strength” label was misleading and intentionally used it to justify charging a higher price, despite offering a lower-strength product. 

Target Faces Slew of Consumer Complaints

This isn’t the first time Target has faced legal challenges related to misleading product claims. The company has been involved in several other consumer lawsuits in recent years. One class action lawsuit accuses Target of misrepresenting the thread count of its Threshold and California Design Den bed sheets. In that case, consumers claim that the sheets are marketed as having a higher thread count than they actually do, misleading buyers into believing they are purchasing higher-quality products.

Other lawsuits have targeted a range of products under Target’s own brands. Parents have filed complaints about the Up & Up Diaper Pail Refills, alleging that the product doesn’t last as long as advertised. Meanwhile, a separate lawsuit claims that Target's Good & Gather pasta sauces falsely advertise being free from synthetic preservatives, even though they contain citric acid, a synthetic ingredient.

Target has also faced a lawsuit over its Up & Up Bandages, with consumers alleging that the bandages contain harmful chemicals known as PFAS, which could pose health risks when absorbed through the skin.

In his lawsuit, Twal seeks to represent all US consumers who purchased Target’s Up & Up Maximum Strength Gas Relief Simethicone Softgels. He is alleging breach of warranty, unjust enrichment, and violation of New York business laws and seeks damages, costs, and fees. 

Case Details

• Lawsuit: Twal v. Target Corporation
• Case Number: 7:24-cv-07685
• Court: U.S. District Court for the Southern District of New York 

Plaintiffs' Attorneys

• Jason P. Sultzer and Philip Furia (Sultzer & Lipari, PLLC)
• Nick Suciu III (Milberg Coleman Bryson Phillips GrossmaN, PLLC)

Have you purchased Target's Up & Up Maximum Strength Gas Relief Simethicone Softgels? What are your thoughts on the product's labeling and claims? Share your experiences in the comments below.