Judge Vernon S. Broderick dismissed a blind plaintiff’s ADA lawsuit against Lululemon on November 18, 2025. He rejected her argument that the retailer violated Title III of the Americans with Disabilities Act by failing to offer digital tags or QR codes on its merchandise. She argued this was so she could access product information through her smartphone. Notably, a key issue in the case was whether the ADA require QR codes for providing accessible product information.
The Court held that the ADA doesn’t require businesses to modify their products or inventory to accommodate disabled customers. Because digital tags and QR codes are effectively part of the merchandise itself, requiring them would be no different than forcing bookstores to stock Braille books. Importantly, this is a requirement courts and the Department of Justice have already rejected. This aligns with a consistent line of case law establishing that the ADA secures equal access to goods and services. However, it does not require alterations to the goods themselves.
The Court also rejected the plaintiff’s separate claim that Lululemon failed to provide auxiliary aids and services. The Court pointed out that she never alleged she told store employees about her disability or asked for assistance.
Previous Cases Reached the Same Result
This ruling represents the second win for retailers on this exact issue. The same plaintiff’s firm raised nearly identical claims in Bunting v. Gap, Inc. and lost before a judge in the Eastern District of New York last year.
Taken together, these decisions make clear that while digital tags and QR codes could eventually become common in retail, nothing in the ADA requires them. Additionally, retailers remain compliant so long as their staff is ready to provide prompt, personal assistance to customers with vision disabilities who need it. Retailers have prevailed on this exact issue. Further, the same plaintiff’s firm brought identical claims in Bunting v. Gap, Inc. and lost before a judge in the Eastern District of New York last year.
Taken together, these rulings send a clear message: digital tags and QR codes may well become standard practice in retail someday, but the ADA doesn’t require them. Just as important, retailers remain on solid legal footing simply by making sure store staff are ready to offer prompt, personal assistance to customers with vision disabilities who need it.