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Seyfarth Synopsis: Does the ADA require retailers to add QR codes to product tags? The Southern District of New York says no.
On November 18, 2025, Judge Vernon S. Broderick dismissed a complaint brought by a blind plaintiff who claimed that retailer Lululemon violated Title III of the Americans with Disabilities Act (ADA) by failing to provide QR codes or digital tags on merchandise. The plaintiff argued that QR codes would allow her to access product information using her smartphone.
The Court reiterated that the ADA does not require businesses to alter their inventory or products to accommodate customers with disabilities. The Court observed that digital tags/QR codes are part of the merchandise, and requiring them would be akin to requiring bookstores to carry Braille books—something courts and the Department of Justice have said the ADA does not mandate. The decision relied on a line of cases emphasizing that the ADA ensures equal access to goods and services, not changes to the goods themselves.
The court also rejected the plaintiff's claim that the retailer failed to provide her with auxiliary aids and services because she did not allege that she informed store employees of her disability or requested assistance.
This is the second decision in favor of retailers concerning digital tags and QR codes. Plaintiff's firm advanced these same claims in Bunting v. Gap, Inc., and lost before an EDNY judge last year.
The takeaway from these decisions is that while digital tags and/or QR codes may become an industry standard in the future, they are not required by the ADA. And most importantly, it is still legal and acceptable to provide prompt service to customers with sight disabilities who need assistance.
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