Gerber Must Face Good Start Formula Class Action Lawsuit

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An Illinois federal judge has 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.

According to U.S. District Judge John Tharp Jr., Gerber did not successfully argue that the consumers who brought forward the false advertising class action lawsuit made claims that were too broad to hold up in court.

In contrast, Judge Tharp determined that the consumers’ use of specific examples of Gerber’s marketing language was specific enough to build a case that the company falsely advertised the benefits of its baby formula.

Explaining his decision that the consumers had been specific enough in their claims, Judge Tharp said that “the complaint adequately sets froth a claim premised on allegedly false and misleading statements by Gerber…and describes the representations alleged to be false and misleading in those ads, each of which asserts in some fashion that [the formula] reduces the risk of developing allergies generally or provides unspecified ‘protective benefits.’”

The Gerber false formula advertising class action lawsuit was filed in May 2017 by Linda Hobbs who alleged that the company falsely advertised its formula as being able to help prevent a baby from developing milk allergies and eczema.

Additionally, she says the company touted that this discovery was made by the U.S. Food and Drug Administration, which was not the case.

Hobbs claims that she purchased the Gerber formula for two years in 2012. She allegedly purchased the product specifically because of the health benefits advertised by Gerber.

The Gerber class action lawsuit alleges that she fed the formula to her two young nephews and one niece. She says that had she known the claims Gerber made about the formula were false, she would not have purchased the formula.

To support the argument that Gerber’s advertisements are false, Hobb’s Gerber class action lawsuit notes that the FDA has repeatedly curbed Gerber’s efforts to make claims that its formula could reduce a baby’s likelihood to develop allergies.

Allegedly, in 2006, Gerber applied for permission from the FDA to say that “emerging research” suggests that early consumption of whey protein can reduce a baby’s risk to food allergies.

The Gerber formula class action lawsuit also notes that in 2009, Gerber applied for the same permission, and at that time, was required to change its proposed advertising from “emerging clinical research” to only saying that there was “very little scientific evidence” that whey protein exposure could reduce a risk of allergic reactions, and that the link was “uncertain.”

Additionally, baby formula health benefits class action lawsuit notes that as recently as 2014, the FDA sent an official warning to Gerber to stop making misleading health claims that the FDA had not approved.

Hobbs is represented by Stephen J. Fearon Jr. of Squitieri & Fearon LLP.

The Gerber Baby Formula False Advertising Class Action Lawsuit is Hobbs v. Gerber Product Co. dba Nestle Nutrition, et al., Case No. 1:17-cv-03534, in the U.S. District Court for the Northern District of Illinois.