A plaintiff has filed a putative class action alleging Abbott Laboratories Inc.'s Similac Pro-Advance infant formula is advertised as the company's "closest formula to breastmilk," allegedly misleading consumers into believing that the formula can convey the same benefits as breast milk. Conner v. Abbott Labs. Inc., No. 21-1463 (S.D. Ill., Benton Div., filed November 20, 2021). "Infant formula is critical for children whose mothers are unable to breastfeed or produce enough milk," the complaint asserts. "Marketing of infant formula sometimes goes beyond meeting those limited needs, to tout itself as an equivalent to breast milk. The representations that the Product contains lutein, vitamin E, DHA, and HMO—Human Milk Oligosaccharide, and the claim, 'Our Closest Formula to Breast Milk,' imply the inclusion of these constituents can approach the benefits from breast milk." The plaintiff seeks class certification, injunctive relief, damages and fees for allegations of fraud, unjust enrichment, negligent misrepresentation and…
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Three similar lawsuits were filed against Target Corp., Gerber Products Co. and Mead Johnson & Co. alleging their "transition" formulas intended for 9- to 18-month-old children are misleadingly marketed as reviewed and monitored by the U.S. Food and Drug Administration to the same extent infant formulas are. Gavilanes v. Gerber Prods. Co., No. 20-5558 (E.D.N.Y., filed November 15, 2020); Gordon v. Target Corp., No. 20-9589 (S.D.N.Y., filed November 15, 2020); Palmieri v. Mead Johnson & Co., No. 20-9591 (S.D.N.Y., filed November 15, 2020). The complaints assert that the use of the infant formula nutrition panel on the back of the packaging "gives caregivers the impression that the Product is subject to the same scrutiny and oversight as Infant Formula products," causing buyers to be "less likely to identify the added sugar in the Infant & Toddler Formula Product, in the form of corn syrup solids, absent from the Infant Formula product." The…
A Public Health Nutrition study has purportedly found that "toddler milks," or "sugar-sweetened milk-based drinks for toddlers," are a growing market but are advertised as providing unsubstantiated benefits. Choi et al., "US toddler milk sales and associations with marketing practices," Public Health Nutrition, February 4, 2020. The researchers reportedly found that 45% of preschoolers (24 to 47.9 months) and 31% of young toddlers (12 to 23.9 months) consume sugar-sweetened beverages each day. "[T]oddler milk packages contain numerous nutrition-related and child development claims, such as ‘DHA and iron to help support brain development’ and ‘probiotics to help support digestive health’, which have not been supported by scientific research," the researchers assert. "These claims may mislead caregivers to believe that toddler milk provides benefits for their child’s nutrition and development." The researchers called for countries "to enact Code provisions" that would limit or prohibit the promotion of breast milk substitutes, including toddler…
The U.S. Federal Trade Commission (FTC) has settled its lawsuit alleging that Gerber Products Co. made false claims about the anti-allergy benefits of Good Start Gentle infant formula, according to an order terminating the action. FTC v. Gerber Prods. Co., No. 14-6771 (D.N.J., entered April 30, 2019). FTC filed the action in response to Gerber's claims that its formula was "the first and only infant formula" that could claim to reduce the risk of developing allergies. Following FTC's lawsuit, consumers made similar claims in a putative class action. The court's order terminates the action but does not provide details about the settlement.
