Toddler Formulas Are Falsely Advertised, Class Action Lawsuits State

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Update:

• The class action lawsuit against Target, alleging its “transition” toddler formula misleads consumers into thinking it provides more nutritional value that normal milk, has been dismissed.
• On Mar. 21, a New York federal judge threw out the claims brought by Lovely Gordon against the retail giant, saying she hadn’t identified how the labeling was misleading.
• U.S. District Judge Kenneth M. Karas said Gordon has 30 days to file an amended complaint if she would like to.
• However, Gordon is now unable to seek an injunction blocking Target from using the allegedly misleading advertising, and she cannot claim she is at risk of future harm as she is now aware of the intention of the labeling, Judge Karas ruled.

(11/17/2020)

So-called “transition” toddler formulas dupe parents into thinking the products adhere to the same standards as infant formula, according to three class action lawsuits.

Separate class action lawsuits have been filed against Target Corp., Gerber Products Co., and Mead Johnson & Co. alleging their toddler formulas, including Up & Up, Gerber Good Start Grow Stage 3, and Enfragrow Premium Toddler Transitions, are falsely advertised.

The nearly-identical complaints point out that experts recommend children over 12 months be given whole cow’s milk – a product that has less sugar and fat and more protein than the transition formulas. However, caregivers are put under the false impression that these transition formulas are subjected to the same scrutiny as infant formula, allege the plaintiffs.

The plaintiffs in all three class action lawsuits say that they purchased these transition formulas based on representations on the packaging that the drinks were a good choice for their toddler-aged children. They say that they would not have purchased or paid as much for the products had they known that they were falsely advertised.

According to the class action lawsuits, the increase in popularity of breastfeeding has taken a chunk out of the companies’ profits since 2003. The plaintiffs allege that the formula companies have resorted to duping consumers into thinking that these transition formulas are better for their growing children than otherwise recommended by the experts.

“Unfortunately, big formula companies don’t adhere to the recommendations of global health officials when considering the nutritional needs of developing children and instead seek to profit,” the lawyer representing the plaintiffs in all three complaints told legal news source, Law360.

Indeed, according to the complaints, the American Academy of Pediatrics recommends that infants be either exclusively breastfed or fed an iron-fortified infant formula until six months of age. At that point, experts say that infants can be fed complementary foods and should continue with breastfeeding and/or infant formula until they are at least one. At one-year-old, children should drink plain whole cow’s milk, water, and eat healthy foods, say the experts according to the complaint.

The class action lawsuits point out that “infant formula” has a legal definition and must adhere to strict standards and regulatory oversight. The plaintiffs say that transition toddler formulas use similar packaging to infant formulas, implying that these products adhere to similar standards; however, this is not the case.

“Through the confusingly similar product names, claims, statements and design of the two products, caregivers of young children are led to believe that the Toddler Next Stage Product is nutritionally appropriate for children of the targeted age group – above 12 months – and implies that infants and young toddlers have identical nutrient requirements, which is false,” alleges the complaint lodged against Target.

The plaintiffs point to public health research that shows the use of toddler formulas leads to prolonged use of formula by children, a boon for the formula companies, but not recommended for children by nutritional experts.

The class action lawsuits say that the labeling of toddler formulas “causes caregivers to make inaccurate and ill-advised nutritional purchasing decisions.”

Indeed, in addition to adding unnecessary sugar and fat to a toddler’s diet, these transition formulas are also several times more expensive than milk, allege the plaintiffs. Specifically, note the complaints, Target’s Toddler Next Stage works out to $8.11 per gallon; Gerber Good Start works out to $18.76 per gallon; and Enfagrow Toddler Transitions comes out to $20.21 per gallon.

According to the class action lawsuits, the formula makers have engaged in fraud, negligent misrepresentation, unjust enrichment, and breach of express and implied warranties. The plaintiffs also claim that the companies have violated New York consumer protection laws.

The class action lawsuits all seek to represent a Class of New York residents who purchased any of the transition toddler formulas. The plaintiffs are seeking a court order stopping the alleged false advertising of transition formulas, as well as damages and attorneys’ fees.

Do you use toddler formula? What do you think about these class action allegations of false advertising? Tell us in the comment section below!

The lead plaintiffs and proposed Class Members in all three lawsuits are represented by Spencer Sheehan of Sheehan & Associates PC.

The Toddler Formula False Advertising Class Action Lawsuits are Palmieri v. Mead Johnson & Co. LLC, Case No. 7:20-cv-09591, and Gordon v. Target Corp., Case No. 7:20-cv-09589, both in the U.S. District Court for the Southern District of New York, and Gavilanes v. Gerber Products Co., Case No. 1:20-cv-05558, in the U.S. District Court for the Eastern District of New York.

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