Attorneys are investigating whether consumers paid artificially inflated prices for certain store-brand infant formulas.
If you purchased store-brand or private-label infant formula — including brands such as Kirkland Signature, Member’s Mark, Parent’s Choice, Up & Up or Comforts — since April 2023, you may qualify to pursue compensation.
What to know about the baby formula lawsuit
- Core Issue: Attorneys are investigating whether consumers paid more than they should have for certain store-brand infant formula because competition in the market may have been unfairly limited.
- Who it Affects: Consumers who live in one of the eligible states and purchased qualifying private-label or store-brand infant formula on or after April 2023.
- Harm/Impact: Store-brand infant formula is typically sold as a lower-cost alternative to name-brand products. This legal investigation alleges consumers may have still overpaid despite choosing the lower-cost option.
- Legal Status: Attorneys are actively investigating claims.
- Take Action: Fill out the form on this page to see if you may qualify to pursue compensation through a baby formula antitrust lawsuit.
What is the store-brand baby formula antitrust lawsuit about?
Attorneys are investigating whether consumers overpaid for certain store-brand infant formula manufactured by Perrigo.
Store-brand infant formula is typically sold as a lower-cost alternative to national or name-brand formulas. However, reports allege that consumers may have still overpaid because the prices of certain store-brand formulas were allegedly higher than they would have been in a truly competitive market.
In other words, this baby formula lawsuit investigation claims consumers chose the less expensive option but may still have paid more than they should have.
Attorneys are investigating allegations that:
- Because Perrigo manufactured multiple store-brand baby formulas, the company may have affected competition across many stores and retailers.
- As a result, the prices of certain store-brand infant formulas may have remained higher than they otherwise would have been in a competitive market, causing customers to pay more, even for the “cheaper version.”
If these allegations are proven, consumers who purchased qualifying store-brand infant formula may be entitled to compensation.
Who qualifies for the store-brand baby formula antitrust lawsuit?
You may qualify for this baby formula lawsuit investigation if the following apply:
- You purchased qualifying store-brand or private-label infant formula — such as Kirkland Signature (Costco), Member’s Mark (Sam’s Club), Parent’s Choice (Walmart), Up & Up (Target), Comforts (Kroger), Mama Bear (Amazon) or another qualifying private-label brand.
- You purchased the qualifying store-brand infant formula in April 2023 or later.
- You reside in one of the following states: Arizona, Arkansas, California, Connecticut, Washington, D.C., Hawaii, Iowa, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Dakota, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, West Virginia or Wisconsin.
Receipts or other proof of purchase may help determine whether you qualify.
Time limits may apply. Do not wait to check whether you may qualify.
Legally reviewed by: Jeffrey Corrigan
Partner, Spector Caldes & Corrigan, P.C.
The law firm responsible for the content of this page is: Spector Caldes & Corrigan, P.C.; Philadelphia, PA; 215-496-0300; scc.law.ts.
Case updates
Legal status as of August 2026
- Attorneys are actively investigating claims that consumers may have overpaid for certain store-brand infant formula manufactured by Perrigo.
- Although these claims involve different allegations, some of the retailer brands named in this investigation have also been involved in other consumer lawsuits. For example, Walmart’s Parent’s Choice infant formula has faced lawsuits alleging toxic heavy metals, while Target’s Up & Up brand has faced lawsuits over allegedly contaminated baby wipes.
This page was last reviewed and updated in August 2026 to reflect the latest case developments.
What is Perrigo, and how does it connect to store-brand baby formula?
Perrigo is a healthcare company that manufactures a wide variety of products that are sold under store brands and private labels.
When looking at store-brand infant formula, brands such as Parent’s Choice at Walmart, Up & Up at Target, Comforts at Kroger, Kirkland Signature at Costco, Member’s Mark at Sam’s Club and Mama Bear from Amazon are all manufactured by Perrigo.
Why market competition matters for everyday consumers
Competition generally helps keep prices lower and gives consumers more choices. When competition is unfairly limited, consumers may end up paying more than they should.
Attorneys allege that the business practices of Perrigo and Gerber, another baby formula manufacturer, may have affected market competition, allowing prices to remain higher than they otherwise would have been.
If these allegations are proven, consumers who purchased qualifying store-brand infant formula may have paid more than they should have — even though they chose what they believed was the lower-cost option.
If unlawful business practices caused consumers to pay more than they should have, antitrust and consumer protection laws may allow them to seek compensation for the amount they overpaid.
Fill out the form on this page to see if you qualify for a free case evaluation.
After you fill out the form, an attorney(s) or their agent(s) may contact you to discuss your legal rights.
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