Nestle Hit With False Ad Class Action Over Gerber Puffs Ingredients

Last week, a class action lawsuit was filed against Nestle USA Inc. in California federal court accusing the company of falsely advertising that its Gerber baby food products contains fruits and vegetables when in reality the products only contains traces of these ingredients.

Lead plaintiffs Michelle Gyorke-Takatri and Katie Silver allege that Gerber deceives consumers by statements on the packaging and labeling on its Gerber Graduates Puffs and Organic Puffs indicating the products contain fruits and vegetables.

According to the Gerber class action lawsuit, the labels include prominent images of sliced sweet potatoes, bananas and other fruits and vegetables, but were actually flavored with apple puree or juice concentrate. “The closest ingredient to fruits or vegetables in the Puffs is little more than a [powdered] dried apple puree,” the plaintiffs allege in the class action lawsuit.

The plaintiffs allege that they both bought Gerber’s Puffs about once a week for themselves and their children and were misled by labeling into thinking the products were healthy. The plaintiffs allege that they later learned the products are not as healthy as they were led to believe by the product labeling and they don’t contain significant amounts of depicted fruits or vegetables, according to the Gerber class action lawsuit.

The plaintiffs further allege that there is less than one gram of apple powder in each serving of the Gerber products and that they contain more sugar than fruit or vegetable ingredients. Gerber’s Puffs provide no dietary fiber and include advertised vitamins through synthetic ingredients, according to the class action lawsuit.

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

The class action lawsuit alleges that Gerber’s labeling violates the California Consumers Legal Remedies Act and the California Business and Professions Code and has since 2011. The plaintiffs seek to represent a Class of similarly situated consumers who they allege were deceived by Gerber’s representations.

Another class action lawsuit was filed against Gerber in California federal court over claims that its baby formula product could help prevent infants from developing allergies.

According to the class action lawsuit, when Nestle USA acquired Gerber, one of the world’s most recognized producers of baby food, it had sales of $250 million and a 91 percent market share. In a recent annual report, Nestle said it aims to support parents with information they need to make informed decisions about their children’s eating habits.

UPDATE: Nestlé denies the allegations raised in the complaint and provided Top Class Actions the following statement:

“Gerber considers this lawsuit frivolous and without merit. Gerber Puffs are cereal snacks specifically developed for babies and toddler`s developmental and nutrition needs. They are a nutritious snack made with whole grains, vitamins and minerals.

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.

We will defend this lawsuit and we are confident that we will be successful in demonstrating that our product packaging and claims are transparent and in full compliance with all legal and regulatory requirements.”

Gyorke-Takatri and 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 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.

UPDATE: On Feb. 8, 2016, the plaintiffs’ requested to drop Nestle as a defendant in the Gerber class action lawsuit.