Shoppers Seek Relief in Target Gas Pills Class Action
by Brian Eckert
Class action attorneys for Milberg Coleman Bryson Phillips Grossman (“Milberg”) have filed a complaint in New York federal court against Target accusing the retailer of falsely advertising its Up & Up 250 mg simethicone gas relief pills as “maximum strength.”
Anyone who purchased this product may be eligible to join the Target gas pills class action and recover compensation. There is no need to hire a lawyer. Milberg is representing all class members on a contingency-fee basis.
Up & Up Antigas Softgel Claims Inflated, Plaintiff Alleges
According to the lawsuit, filed in U.S. District Court for the Southern District of New York on October 10, other over-the-counter gas relief medications contain a higher concentration of the active ingredient simethicone, which makes Target’s “maximum strength” claim false and misleading.
The lawsuit claims that Target’s gas relief product contains 250 mg of simethicone per soft gel, while competing products have as much as 500 mg. This discrepancy allegedly duped consumers into believing that Target’s product was the most potent available and resulted in them paying a premium price for it under false pretenses, plaintiff Victor Twal alleges.
“When consumers purchase Simethicone products the strength of the dose is an important consideration,” the complaint states. “Additionally, reasonable customers also believe that when a product is represented as ‘maximum strength’ that there are no comparable products on the market that contain a greater dose.”
Defendant’s ‘maximum strength’ claim is false and deceptive because Simethicone is available in other over-the-counter products at doses higher than 250mg, including up to 500mg.
Simethicone is an anti-foaming agent used to relieve symptoms of excess gas in the stomach and gut such as belching, bloating, and feelings of pressure/discomfort. It was first patented by Dow Corning Corporation and received FDA approval in 1952. Today, it is found in many products like Gas-X, Mylanta, and Maximum Strength Gas Relief Softgels from Up & Up, Target’s private label brand.
By misrepresenting its gas pills as “maximum strength,” Target misled customers, denied them the benefit of the bargain, and caused them injury in the form of an inflated purchase price, the lawsuit alleges.
“Plaintiff and the Class Members purchased, purchased more of, and/or paid more for the Product than they would have had they known the truth about the Product. Consequently, Plaintiff and the Class Members have suffered injury in fact and lost money as a result of Defendant’s wrongful conduct,” says Twal.
Proposed Classes and Claims
The lawsuit defines the class as “all consumers who purchased” Target Up & Up Maximum Strength Gas Relief Softgels anywhere in the U.S. A subclass of consumers who purchased the product in New York State is also proposed.
In the complaint, Twal cites violations of New York General Business Law and consumer protection laws in all 50 states. He argues that using the term “maximum strength” on the packaging created an express warranty that the product contained the highest dose available, and that Target breached the express warranty by selling a product that is not in fact “maximum strength.”
Twal also accuses Target of unjust enrichment, as the company’s misrepresentations and omissions led to consumers overpaying for the gas pills, he says. He demands a trial by jury and seeks monetary damages.
Nick Suciu III of Milberg is representing Twal and the class members. Milberg has filed similar “maximum strength” false labeling lawsuits involving products from Sudafed, Rite Aid, CVS, and Robitussin.
Milberg pioneered the use of federal class action litigation and remains a national leader in filing class actions. The firm filed the fifth most class action lawsuits of any firm in the country from 2021 to 2023 and over the same period filed the third most consumer protection cases.
Twelve of our attorneys have been named to the 2025 edition of The Best Lawyers in America, including several who practice in the areas of consumer protection and product liability law.
