A California woman has filed a proposed class action claiming that Gerber Products Co. made improper nutrient claims on its labeling of baby and toddler food products. Howard v. Gerber Products Company, No. 22-4779 (N.D. Cal., filed August 19, 2022).

The plaintiff alleges that Gerber makes nutrient content claims on product packaging that are prohibited by the U.S. Food and Drug Administration.

“Moreover, the nutrient content claims on Defendant’s products mislead purchasers into believing that the products provide physical health benefits for children under two years of age in order to induce parents into purchasing Defendant’s products,” the plaintiff asserts in the complaint. “In fact, the Products are harmful both nutritionally and developmentally for children under two.”

The plaintiff highlighted the use of labeling indicating protein content of products, as well as the use of the words “nutritious” and “wonderfoods,” and asserts that some of Gerber’s products contain high amounts of added sugar.

The plaintiff claims the baby food manufacturer has violated California’s Consumers Legal Remedies Act, as well as California laws against false advertising and unlawful, unfair and fraudulent trade practices. She is seeking class certification, injunctive relief, damages, restitution, disgorgement of profits, pre- and post-judgment interest and attorneys’ fees and costs.

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.