Abbott Files Motion To Dismiss Claim It Misleadingly Labels Similac-Pro Advance Baby Formula

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Similac Baby Formula Breast Milk Class Action Lawsuit Overview: 

• Who: Abbott Laboratories Inc. filed a motion to dismiss a class action lawsuit lobbied at the company by Sarah Conner. 
• Why: Abbott disputes Conner’s claims it deceives consumers into believing its Similac Pro-Advance baby formula is more similar to human breast milk than it actually is.
• Where: The motion to dismiss was filed in Illinois federal court.

Abbott Laboratories has filed a motion to dismiss a class action lawsuit accusing it of misleadingly labeling the front packaging of its

Abbott Laboratories has filed a motion to dismiss a class action lawsuit accusing it of misleadingly labeling the front packaging of its Similac Pro-Advance baby formula with the words “Our Closest Formula to Breast Milk.” 

Plaintiff Sarah Conner claims Abbott deceives consumers into thinking the baby formula has the same benefits as drinking the breast milk of a human.

Abbot, however, argues that the labeling does not claim the product to be similar to human breast milk but rather compares it to the company’s other product offerings. 

“Plaintiff’s fundamental error is mistaking a comparative claim about Abbott’s own products for a comparative claim to breast milk more broadly,” the motion to dismiss states. 

Abbott argues further that Conner has not alleged its supposed comparison between the Similac Pro-Advance baby formula and the company’s other products is untrue. 

Conner has also not alleged that the representations Abbott makes about the product, including that it supports a healthy immune system and brain and eye development, are untrue, according to the motion to dismiss. 

Abbott States Labels Say Product Contains No Breast Milk

Abbott also says that it includes on its packaging that it is recommended for infants to be fed with breast milk while transparently labeling that its product does not contain any. 

“Plaintiff cannot erase this language and rewrite the Pro-Advance label to make comparisons that do not appear on the label itself,” the motion to dismiss states. 

Abbott also denied Conner’s claims that it falsely advertises the Similac Pro-Advance Baby Formula as being “non-GMO,” arguing that its labeling clarifies it is only referring to the products’ direct ingredients. 

Conner claims Abbott is in violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, along with various state consumer fraud acts.  

A separate class action lawsuit was filed against Abbott in February after the US Food and Drug Administration reported that four infant deaths were linked to certain Abbott baby formulas. 

Have you purchased Similac Pro-Advance baby formula? Let us know in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC. 

The Similac Baby Formula Breast Milk Class Action Lawsuit is Conner v. Abbott Laboratories Inc., Case No. 3:21-cv-01463, in the U.S. District Court for the Southern District of Illinois with the words “Our Closest Formula to Breast Milk.”

Plaintiff Sarah Conner claims Abbott deceives consumers into thinking the baby formula has the same benefits as drinking the breast milk of a human.

Abbot, however, argues that the labeling does not claim the product to be similar to human breast milk but rather compares it to the company’s other product offerings. 

“Plaintiff’s fundamental error is mistaking a comparative claim about Abbott’s own products for a comparative claim to breast milk more broadly,” the motion to dismiss states. 

Abbott argues further that Conner has not alleged its supposed comparison between the Similac Pro-Advance baby formula and the company’s other products is untrue. 

Conner has also not alleged that the representations Abbott makes about the product, including that it supports a healthy immune system and brain and eye development, are untrue, according to the motion to dismiss. 

Abbott States Labels Say Product Contains No Breast Milk

Abbott also says that it includes on its packaging that it is recommended for infants to be fed with breast milk while transparently labeling that its product does not contain any.

“Plaintiff cannot erase this language and rewrite the Pro-Advance label to make comparisons that do not appear on the label itself,” the motion to dismiss states.

Abbott also denied Conner’s claims that it falsely advertises the Similac Pro-Advance Baby Formula as being “non-GMO,” arguing that its labeling clarifies it is only referring to the products’ direct ingredients. 

Conner claims Abbott is in violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, along with various state consumer fraud acts.  

A separate class action lawsuit was filed against Abbott in February after the US Food and Drug Administration reported that four infant deaths were linked to certain Abbott baby formulas. 

Have you purchased Similac Pro-Advance baby formula? Let us know in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC. 

The Similac Baby Formula Breast Milk Class Action Lawsuit is Conner v. Abbott Laboratories Inc., Case No. 3:21-cv-01463, in the U.S. District Court for the Southern District of Illinois.

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