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Plaintiff accuses major hydration company Nuun & Company of ADA violations over inaccessible website

COOK COUNTY RECORD

Sunday, March 9, 2025

Plaintiff accuses major hydration company Nuun & Company of ADA violations over inaccessible website

Federal Court
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U.S. District Court for the Northern District of Illinois | Official website

A visually-impaired individual has taken legal action against a major hydration and electrolyte supplement company, alleging its website is inaccessible to blind users. On February 24, 2025, Tammy Hampton filed a class-action complaint in the United States District Court for the Northern District of Illinois against Nuun & Company, Inc., claiming that their website violates the Americans with Disabilities Act (ADA) by not being fully accessible to individuals who are blind or visually impaired.

Hampton, who relies on screen-reading software to navigate online content, argues that Nuunlife.com presents significant barriers that prevent her and others like her from accessing goods and services independently. The lawsuit highlights several specific issues encountered on the website, such as inaccurate landmark structures, inadequate focus order, ambiguous link texts, and interactive elements that cannot be navigated using a keyboard. These barriers effectively deny blind users the ability to complete transactions or access information available to sighted customers. "By failing to make the website accessible to blind persons," Hampton claims, "Defendant is violating basic equal access requirements under both state and federal law."

The complaint seeks not only a permanent injunction requiring Nuun & Company to modify its website policies and practices but also compensatory damages for unlawful discrimination experienced by Hampton and other class members. The plaintiff emphasizes that despite readily available technology and established guidelines for web accessibility, Nuun & Company has failed to implement necessary changes. This failure allegedly excludes blind individuals from participating in the digital marketplace—a critical aspect of modern life.

In addition to injunctive relief and damages, Hampton's lawsuit requests declaratory relief confirming that Nuunlife.com operates in violation of ADA standards. The case also includes allegations of negligent infliction of emotional distress due to the frustration and anxiety caused by these accessibility barriers. If successful, this case could set a precedent for how companies must ensure their digital platforms are accessible to all users.

Representing Tammy Hampton is attorney David B. Reyes from Equal Access Law Group, PLLC. The case has been assigned Case No.: 1:25-cv-1896 in front of judges at the Northern District of Illinois court.

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