Burt’s Bees class action claims company overstates baby formula yield

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Burt’s Bees baby formula class action lawsuit overview: 

• Who: Chelsea Frederick filed a class action lawsuit against Perrigo Company. 
• Why: Frederick claims Perrigo falsely advertises the amount of servings found in its Burt’s Bees Infant Formula products. 
• Where: The class action lawsuit was filed in California federal court.   

Burt’s Bees brand Infant Formula manufacturer Perrigo Company falsely advertises the amount of servings its baby formula product contains, a new class action lawsuit alleges.

Plaintiff Chelsea Frederick claims Perrigo “short-sells” consumers by instructing them to portion the formula in a way that she argues results in fewer bottles being made than what is promised.

Frederick argues that what Perrigo “represents each product makes” is not actually what is able to be made when the baby formula is mixed together with water “according to Perrigo’s own instructions.” 

Perrigo intentionally misleads consumers about the amount of servings its Burt’s Bees baby formula products contain to artificially inflate its value so it can demand a higher price, the Burt’s Bees class action alleges. 

“By falsely representing the number of bottles provided, and thereby the products’ value, Perrigo obtained enhanced negotiating leverage allowing it to command a price Plaintiff and other Class members would not have paid had they been fully informed,” the Burt’s Bees class action states. 

Burt’s Bees class action alleges company “intentionally misrepresented” yield

Frederick wants to represent a class of consumers who purchased a Burt’s Bees baby formula product,  including its “Ultra Gentle” “Infant Milk” and “Sensitive” powders, in the state of California for personal or household use.

Frederick claims Perrigo is guilty of intentional misrepresentation, negligent misrepresentation and unjust enrichment, among other things and in violation of California’s False Advertising Law, Consumers Legal Remedies Act and Unfair Competition Law.

She demands a jury trial and requests declaratory and injunctive relief along with an award of actual, statutory, compensatory and punitive damages for herself and all class members. 

Burt’s Bees escaped a separate class action lawsuit earlier this month that claimed the company misleadingly labeled some of its products containing hydrogenated oils as “100% Natural.” 

Have you purchased a Burt’s Bees baby formula product in the state of California? Let us know in the comments! 

The plaintiff is represented by Jack Fitzgerald, Paul K. Joseph, Melanie Persinger, Trevor M. Flynn, and Caroline S. Emhardt of Fitzgerald Joseph LLP. 

The Burt’s Bees baby formula class action lawsuit is Frederick v. Perrigo Company, Case No. 3:22-cv-01333, in the U.S. District Court for the Southern District of California.

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