Gerber Class Action Says Good Start Formula is Falsely Advertised

Gerber was slammed with a second class action lawsuit alleging the company misleadingly advertises its “Good Start Gentle” formula as being able to reduce the risk of allergies and skin problems in infants.

Lead plaintiff Linda Hobbs says Gerber’s Good Start Formula is falsely advertised as “the first and only” formula to reduce the risk of the development of allergies in infants and also reduces the occurrence of eczema.

Further, alleges the plaintiff, Gerber misleadingly claims that the Food and Drug Administration has endorsed the supposed health claims of the Good Start formula.

This is the second class action to hit Gerber over its alleged false advertising of Good Start formula this year. A New York plaintiff is also claiming that she was deceived by Gerber’s advertising that Good Start formula reduces the risk of developing allergic reactions like atopic dermatitis.

The plaintiff in the current class action alleges that Nestle, Gerber’s parent company, has a “checkered past” of advertising supposedly hypoallergenic formulas at an inflated price. The FDA and other regulatory agencies have regularly cracked down on Nestle and Gerber’s claims that their formula provides additional health benefits, says Hobbs.

“This is not the first time that Gerber’s corporate parent—Nestle—has made false and misleading statements to consumers about the purported allergic benefits of Good Start Gentle,” alleges the class action lawsuit. “Starting in the late 1980s, Nestle began manufacturing, promoting, and selling partially hydrolyzed whey protein infant formulas under the Carnation (another U.S. company that Nestle acquired) Good Start brand name. Nestle promoted Carnation Good Start formulas as being ‘hypoallergenic’ but was forced to stop making the claim after the FDA began questioning its scientific support. Nestle was also fined by nine states for falsely and misleading claiming in its advertisements that Good Start was unlikely to trigger allergies.”

Hobbs also points out that since 2005, Nestle has been petitioning the FDA to approve a qualified health claim linking partially hydrolyzed whey protein with a reduced risk of development of food and skin allergies in infants. The FDA rejected those petitions on several occasions, says the plaintiff, finding that the scientific evidence provided was not strong enough to support the claim.

“However, beginning in at least 2011, despite the FDA’s clear rejections and compelling evidence contradicting its claims, Defendant falsely advertised Good Start Gentle as the first and only infant formula to reduce the occurrence of allergies generally, as well as the first and only infant formula endorsed by the FDA,” the Gerber class action states. “Defendant made those claims in order to strategically outpace competitors and substantially increase its sales. Defendant undertook its marketing campaign with actual knowledge that its claims were false and misleading and disregarded the limitations imposed on it by the FDA.”

The plaintiff claims that she and others have been misled by Nestle’s “pervasive and false marketing campaign that Good Start Gentle provided benefits to children’s health beyond that offered by other baby formulas and that the FDA had certified that claim.”

Hobbs seeks to represent a Class of people who purchased Gerber Good Start Gentle infant formula in Illinois during the statute of limitations. The plaintiff is seeking damages and disgorgement of profits from Gerber, as well as attorneys’ fees.

The plaintiff is represented by Edward A. Wallace and Adam Prom of Wexler Wallace LLP, Stephen J. Fearon, Jr. and Paul V. Sweeny of Squitieri & Fearon LLP, and Daniel Keller and Dan C. Bolton of Keller, Fishback & Jackson LLP.

The Good Start Formula False Advertising Class Action Lawsuit is Linda Hobbs v. Gerber Products Co., et. al., Case No. 1:17-cv-03534, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

UPDATE: On Aug. 14, 2018, an Illinois federal judge refused to throw out a class action lawsuit alleging that Gerber falsely advertises its Good Start Gentle Formula’s ability to prevent babies from developing allergies.