Baby Food Company Faces New Class Action over Product Promotions and Labeling
A Massachusetts woman has filed a putative class action in federal court against Gerber Products Co., alleging that its packaging misrepresented the quality of its Fruit Juice Snacks®, which “were virtually nothing more than candy with a touch of vitamin C.” Wiley v. Gerber Prods. Co., No. 09-10099 (D. Mass, filed January 22, 2009). She seeks to represent a class of all consumers who purchased the product before Gerber changed its packaging to indicate that the product was a “treat” rather than a “snack.” Alleging violations of a
Massachusetts consumer protection law, intentional and negligent misrepresentation, breach of express and implied warranties, and unjust enrichment, the plaintiff requests class certification, a declaration that Gerber’s acts and practices are unlawful, a permanent injunction, corrective advertising, and damages of $25 per violation amounting to more than $5 million, refunds, double or treble damages, attorney’s fees, and costs.
According to the complaint, package claims that the product was “[m]ade with real fruit juices and other all natural ingredients” along with images of fruits and berries would lead reasonable consumers to “believe that they were buying a fruit snack for their child rather than one in which the two ingredients in greatest quantity were corn syrup and sugar.” The plaintiff alleges that the only fruit juice in the product was “white grape juice from concentrate,” and no white grapes appeared on the package. She also claims, “She was misled by the packaging of Fruit Juice Snacks as she trusted Gerber and did not double-check the ingredients listed in the label on the side, which was not visible
to her in the store aisle. She bought the Gerber brand because she was seeking healthy snacks for her children as she is concerned about their health and is aware of the problems of childhood obesity and diabetes facing many young children due to poor eating habits.”
Similar litigation is pending against Gerber in California, where the Ninth Circuit Court of Appeals recently refused to rehear its decision which overturned a lower court’s dismissal of putative class claims that the company’s Fruit Juice Snacks® packaging misled consumers. Further details about that case, which was filed in June 2005, appear in issue 287 of this Update. See Product Liability Law 360, January 27, 2009.
