Plaintiffs Drop Claims Against Nestle in Gerber Class Action Lawsuit

Last week, the plaintiffs’ request to drop Nestle as a defendant in the class action lawsuit alleging Gerber Products Co. misleads consumers by exaggerating the healthy ingredients in its toddler cereal snacks was approved by a judge.

Lead plaintiffs alleged in their class action lawsuit that Gerber deceives consumers by statements on the packaging and labeling of its Gerber Graduates Puffs and Organic Puffs which indicate that the products contain fruits and vegetables, when they actually contain “little more than a [powdered] dried apple puree.”

“Because of Gerber’s reputation, plaintiffs and other putative class members trusted Gerber to provide healthy snacks for their young children,” the plaintiffs alleged in their class action lawsuit.

Initially, the plaintiffs brought claims against Nestle, but then determined that the products they allege are mislabeled in the Gerber class action lawsuit, include varieties of Graduate Puffs cereal snacks, such as sweet potato, banana and peach, which are only made by Gerber, not Nestle. According to a statement by a representative for the plaintiffs, Nestle was removed as a defendant because he doesn’t believe in suing any more people than “I absolutely have to.”

The Gerber Graduate Puffs class action lawsuit was initially filed in California state court in July of last year. The case was removed to federal court in August, but then sent back to state court after three months when, according to court documents, Gerber was unable to establish that the alleged damages amounted to more than $5 million. According to the federal judge, cases must be worth $5 million or more under the Class Action Fairness Act to land in federal court.

Gerber has fought the class action lawsuit, stating in their motion to dismiss the case that the plaintiffs failed to establish that its packaging is misleading or shows that the cereal should be made of fruits and vegetables.

“No consumer could see the depiction of a fruit/vegetable and, at the same time, miss the approximately 16 pieces of cereal surrounding it,” Gerber said in their motion to dismiss. “A reasonable consumer would not expect a grain cereal snack product instead to be a fruit product simply because the label contains a picture of the fruit/vegetable flavor,” they continued.

To counter Gerber’s motion to dismiss their class action, the plaintiffs claim that the “overall effect” of Gerber’s labeling violates U.S. Food and Drug Administration regulations and is misleading.

In a statement provided to Top Class Actions, Nestle said “We are committed to clear and transparent labeling practices and comply fully with all FDA regulations regarding labeling of this product. The Gerber Puffs are clearly labelled as cereal snacks, with the applicable flavor variety name.”

Lead plaintiffs Michelle Gyorke-Takatri and Katie Silver are represented by Matthew J. Zevin, Steve Gardner, Amanda Howell and Scott Kitner of Stanley Law Group, John Roddy and Elizabeth Ryan of Bailey & Glasser LLP and David F. Sugerman.

The Gerber Graduate Puffs Class Action Lawsuit is Gyorke-Takatri, et al. v. Nestle USA Inc., et al., Case No. CGC-15-546850, in the Superior Court of California for the County of San Francisco.