A class action lawsuit has been filed against Philips North America, LLC and Philips Holding USA Inc., alleging false advertising of their pacifiers as "orthodontic."
The lawsuit filed by plaintiff Kaitlin Deforest centers on the claim that Philips marketed their pacifiers as "orthodontic," suggesting they promote oral development in children. However, Deforest contends that no pacifier can promote oral development and that prolonged use may harm dental health by causing malocclusions—misalignments of teeth—which can affect chewing, speech, and jaw development.
The complaint states that these representations led consumers to pay premium prices under false pretenses. The lawsuit alleges violations of New York's Consumer Protection from Deceptive Acts and Practices statutes (N.Y. Gen. Bus. Law §§ 349 and 350), as well as claims of unjust enrichment, breach of warranties, and negligent misrepresentation.
Deforest is seeking actual and statutory damages, costs of suit, and reasonable attorneys’ fees.
The plaintiff is representing herself in this matter. The case was filed in the United States District Court for the Eastern District of New York under case ID 1:25-cv-02852.