A federal court in California has largely granted Mead Johnson & Company’s bid to throw out a proposed class action alleging the company misled consumers about just how much milk was in its Enfamil baby formulas. Martinez v. Mead Johnson & Co., LLC, No. 22-0213 (C.D. Cal., entered October 22, 2022). The court granted the company’s motion to dismiss on all but one of the plaintiff’s claims, her claim for unjust enrichment and restitution, and allowed the plaintiff to file an amended complaint. The plaintiff alleged in her February 2022 complaint that Mead Johnson engaged in misleading advertising by calling its Enfamil powdered infant products “Milk-based” when milk is one of the ingredients, not the primary ingredient by weight. The plaintiff alleged that at the time of purchase, she understood that phrasing to mean milk was the primary ingredient, but later learned the primary ingredient in the product was corn syrup…
Tag Archives infant formula
U.S. Representative Rosa DeLauro (D-Conn.) has written a letter to the Office of the Inspector General seeking "assistance in investigating whether the Food and Drug Administration (FDA) took prompt, appropriate, and effective action leading up to the recent recall involving powdered infant formula produced by Abbott Nutrition's Sturgis, Michigan plant." DeLauro indicates she is "concerned the agency acted too slowly in pulling potentially dangerous infant formula off store shelves, which may have resulted in additional illnesses and death." The letter notes that FDA alerted the public to a potential link between formula produced at the Sturgis location and Cronobacter sakazakii four months after the agency learned of the possible link. "The delay between the September inspection and the recall raises serious questions about the FDA's ability to adequately regulate the infant formula industry," the letter asserts. "It seems evident that the FDA could have acted sooner to prevent additional illnesses and deaths…
A plaintiff has filed a putative class action alleging that Mead Johnson & Co. markets its Enfamil infant formula products as "milk-based" despite containing corn-syrup solids as the primary ingredient. Martinez v. Mead Johnson & Co. LLC, No. 22-0213 (C.D. Cal., E. Div., filed February 2, 2022). The front-label packaging indicates that the product is a "milk-based powder," the complaint asserts, but "corn syrup solids" is listed as first on the ingredient list on the back of the packaging. The plaintiff argues that added sugars are banned in infant formulas sold in Europe in favor of carbohydrates that come from lactose. "[C]onsumers are being deceived into believing they are receiving a milk-based, healthier formula for their infant when, in reality, they are feeding their baby a product where the primary ingredient is unhealthy corn syrup." The plaintiff seeks damages, restitution, class certification, injunctive relief and attorney's fees for alleged violations of…
