A group of consumers has filed a putative class action against Abbott
Laboratories, Inc. alleging the company misrepresents its Similac
Advance® Organic Infant Formulas because several of the ingredients are
banned by federal law from use in food labeled “organic.” Marentette v.
Abbott Labs., Inc., No. 15-2837 (E.D.N.Y., filed May 15, 2015).

The plaintiffs challenge the products’ inclusion of beta carotene, biotin,
taurine and lutein, among several other ingredients, and additionally
assert that “at least one ingredient in these infant formulas is produced
using genetically engineered materials—a practice forbidden in organic
foods.” The complaint contends that Abbott knew that consumers would
pay more for organic products and willfully misled them. The plaintiffs
seek class certification, damages and an injunction for alleged violations
of New York and California consumer-protection statutes, unjust enrichment
and breach of warranty.

Since the complaint was filed, Abbott has begun offering a version of
Similac Advance® manufactured without genetically engineered ingredients,
citing customer requests, but says it has no plans to entirely phase
out the use of such materials in its infant formulas. See Chicago Tribune,
May 29, 2015.


Issue 566

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.