CLARK v. SPEER LABORATORIES, LLC (2024)

Plaintiff

Name: Karen Clark
Filing date: December 1, 2020
State of filing: Pennsylvania

Defendant

Name: Speer Laboratories
Website: www.emuaid.com/shop-now
Industry: Beauty
Summary: Speer Laboratories, under the emuaid brand name, manufactures and sells a variety of health, beauty, and first-aid products.

Case Summary

On December 1, 2020, Karen Clark filed a Complaint in Pennsylvania Federal court against Speer Laboratories. Plaintiff Karen Clark alleges that www.emuaid.com/shop-now is not accessible.

Case Details

Plaintiff alleges issues in its Complaint including the following:

Defendant’s Website contains a matrix to illustrate the purpose of each ointment. However, this is not accessible to screen reader users. Users hear "label" for this image when they navigate to it, but they do not hear the matrix's content.
The Website’s menu bar is not accessible to screen reader users. All actionable elements, such as links, controls, and form fields, must be accessible by the tab key. Only the first menu item, “home," is accessible by the tab key. If the user presses the tab key after the home menu, the user will exit the menu bar and jump down the page, leaving them unable to access the rest of the menu.
Defendant’s Website contains a section that describes how to use the product, but this not accessible to the screen reader user. Screen reader users can navigate to and hear each of the five tabs, but they cannot hear the content in those tabs. For example, after opening the “how to use” section, focus jumps to the bottom of the screen. Screen reader users cannot navigate to this section using keyboard commands, so they will not hear this information.

Plaintiff asserts the following cause(s) of action in its Complaint:

Title III of the ADA, 42 U.S.C. § 12181 et seq

Plaintiff seeks the following relief by way of its Complaint:

A Declaratory Judgment that at the commencement of this action Defendant was in violation of the specific requirements of Title III of the ADA described above, and the relevant implementing regulations of the ADA, in that Defendant took no action that was reasonably calculated to ensure that its website was fully accessible to, and independently usable by, individuals with visual disabilities
A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2) and 28 CFR § 36.504(a) which directs Defendant to take all steps necessary to bring its website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that its website is fully accessible to, and independently usable by, blind individuals, and which further directs that the Court shall retain jurisdiction for a period to be determined to ensure that Defendant has adopted and is following an institutional policy that will in fact cause them to remain fully in compliance with the law—the specific injunctive relief requested by Plaintiff is described more fully in paragraph 11 above.
Payment of actual, statutory, and punitive damages, as the Court deems proper
Payment of costs of suit
Payment of reasonable attorneys’ fees, pursuant to 42 U.S.C. § 12205 and 28 CFR § 36.505, including costs of monitoring Defendant’s compliance with the judgment (see Gniewkowski v. Lettuce Entertain You Enterprises, Inc., Case No. 2:16-cv-01898-AJS (W.D. Pa. Jan. 11, 2018) (ECF 191) (“Plaintiffs, as the prevailing party, may file a fee petition before the Court surrenders jurisdiction. Pursuant to Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 478 U.S. 546, 559 (1986), supplemented, 483 U.S. 711 (1987), the fee petition may include costs to monitor Defendant’s compliance with the permanent injunction.”); see also Access Now, Inc. v. Lax World, LLC, No. 1:17-cv-10976-DJC (D. Mass. Apr. 17, 2018) (ECF 11) (same)
The provision of whatever other relief the Court deems just, equitable and appropriate
An Order retaining jurisdiction over this case until Defendant has complied with the Court’s Orders

FAQs

What's the difference between Emuaid and emuaidmax? ›

Q: What's the difference between the EmuAid and the EmuAid MAX. I have both - and the ingredients are exactly the same, but MAX is $10 more expensive. Emuaidmax has 2x MORE Bacillus Ferment – 10x MORE Tea Tree Oil – 50x MORE Vitamin E† than … It has worked for me.

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What are the side effects of Emuaid? ›

According to Emuaid's website, the ointment has no reported side effects or drug interactions. However, colloidal silver has several potential side effects, including irreversible bluish skin discoloration (argyria), kidney damage, seizures, and myopathy.

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Is Emuaid good for eczema? ›

EMUAID® has rapidly become a top choice for those battling eczema, receiving glowing reviews from users.

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Is Emuaid over the counter? ›

*Emuaid is a homeopathic product and has not been evaluated by the Food and Drug Administration for safety or efficacy. **Emuaid is intended for symptomatic relief of self-limiting disease conditions amenable to self-treatment without needing a doctor's prescription.

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Does EMUAID really get rid of nail fungus? ›

It works ! Its cleared mail fungus on one of my nails completely and working its magic on the other ! Great for rashes and itchy bug bites !

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Does EMUAID draw out infection? ›

Immediately upon application, EMUAID^® ointment penetrates your skin and eliminates any bacteria that can cause infection and irritation in distressed skin.

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Do doctors recommend EMUAID? ›

Directions : SAFE Safe for all ages, EMUAID® is recommended by doctors and trusted by consumers.

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Is EMUAID fda approved? ›

More Info For This Drug

DISCLAIMER: This homeopathic product has not been evaluated by the Food and Drug Administration for safety or efficacy.

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How long does it take to see results from EMUAID? ›

I wish I had before and after pictures, but never thought to do that... here's what I know, my toenails were yellowing, brittle, thick and would split very easily. I thought I'd give Emuaid a go and see what happens. It took a month of so to really start seeing the difference, but the improvement I've had is marked.

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Can you use EMUAID on your face? ›

Dermatologist tested, clinically tested, hypoallergenic, and safe to use on any skin type. Created in our private laboratory in 1978 for professional use by dermatologists and estheticians, EMUAID® Acne Treatment is gentle and soothing on your skin.

What is the number one cure for eczema? ›

Topical hydrocortisone

OTC steroids come in many forms, including ointments, creams, lotions and gels. They are used for the temporary relief of itching and rashes caused by most types of eczema. OTC hydrocortisone is usually applied one to four times a day for up to seven days.

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Is EMUAID a steroid cream? ›

EMUAID First Aid Ointment is recommended both by physicians and customers worldwide. Additionally, EMUAID First Aid Ointment is non-steroidal, has NO reported side effects, and does not conflict with other medications.

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Can I use EMUAID on my eyelids? ›

Q: I read another review where it was used barely on eyelid and cured swelling & redness. Is this ok? Hi, EMUAID is all-natural and safe to use anywhere on the body.

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Who is the manufacturer of EMUAID? ›

Speer Laboratories, the manufacturer of EMUAID products, was founded by the late Richard Nicolo as a cutting-edge research and development consortium structured around a holistic approach to wellness through unparalleled natural products and dietary supplements.

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Does EMUAID help with hemorrhoids? ›

Description. Recommended to relieve symptoms of difficult to treat skin conditions**: Shingles, Lichen Sclerosis, Dermatitis, Cellulitis, Bed Sores, Hemorrhoids, Eczema, Fungal Infections, Poison Ivy, Oak & Sumac, Other itchy, painful conditions.

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What is the main ingredient in EMUAIDMAX? ›

Emu oil, Soybean Oil, Palm Oil, Canola Oil, Candelilla Wax, Lactobacillus Reuteri, Tribehenin, Glyceryl Behenate, Lysine Hydrochloride, Hydrogenated Castor Oil, Squalane, Tea Tree Oil ... Distributed by Speer Laboratories, LLC, Pompano Beach, FL 33080 - Visit www.emuaid.com for more information.

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How long does it take for EMUAIDMAX to work? ›

Within 15 MINUTES the redness on my skin started to DISAPPEAR~!!! On a scale from 1 to 5: Redness went from a 5 to a 1, Pain went from a 5 to a 0. The inflammation went from a 5 to a 3 (within 30 minutes.) [$20 Dermachange 8 oz bottle vs $63 Emuaid 2 oz bottle ] You choose.

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Can Emuaid be used on private parts? ›

Yes, EMUAID First Aid Ointment is safe to be used internally to an extent on mucosal membranes such as the inside of the mouth, genitals, anus and rectum. Despite being a powerful and rapid healing compound, EMUAID First Aid Ointments are safe for use anywhere on the body by any age group, including infants.

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Can you get EMUAIDMAX on prescription? ›

EMUAIDMAX® is made with the highest quality natural and medical grade ingredients available without a prescription.

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