Gerber class action over falsely advertised baby food trimmed to only include purée pouches

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Update: 

• A California judge trimmed a class action lawsuit alleging Gerber makes “strictly prohibited” nutrient content claims on its baby and toddler food products to profit from parents’ desire to buy food that provides health benefits for their kids.
• On March 29, U.S. District Judge Vince Chhabria filed an order stating Plaintiff Tracy Howard had standing to bring fraud claims against the company. 
• Howard can proceed on claims related to the puree pouches of baby food after she “plausibly alleged that these products are bad for children,” the judge rules.
• To proceed with all the claims, Howard would need to reasonably show Gerber’s non-pouch products are “actually harmful” and Gerber labeled them as “healthy for children,” which she failed to do for most of the products listed, Judge Chhabria says.
• Howard alleges Gerber misbranded its baby and toddler food products by making nutrient content claims on the product packages the Food and Drug Administration bars.

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Gerber class action overview: 

• Who: A Gerber baby food customer sued the company over its advertising.
• Why: The plaintiff claims the company illegally makes nutritional content claims on its baby and toddler foods that induce parents to believe they are healthier than they are.
• Where: The lawsuit was filed in a California federal court.

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(Aug. 24, 2022)

Gerber makes “strictly prohibited” nutrient content claims on its baby and toddler food products to profit from parents’ desire to buy food that provides health benefits for their kids, a new class action claims.

Plaintiff Tracy Howard filed the class action complaint against Gerber Products Co. on Aug. 19 in a California federal court, alleging violations of state and federal consumer laws. 

The lawsuit relates to the labeling and marketing of Gerber brand baby and toddler food products for children younger than 2 years old. 

To profit from parents’ increasing desire to purchase food for their children that provides physical health benefits, Gerber misbrands its baby and toddler food products by making nutrient content claims on the product packages that are barred by the Food and Drug Administration (FDA), the Gerber class action claims.

FDA regulations explicitly prohibit certain nutrient content claims on foods intended for children younger than age 2, the lawsuit says. 

“Moreover, the nutrient content claims on Defendant’s products mislead purchasers into believing that the products provide physical health benefits for children under two years of age in order to induce parents into purchasing Defendant’s products,” the Gerber class action states. “In fact, the Products are harmful both nutritionally and developmentally for children under two.”

Gerber class action claims misbranding induces parents to pay more for products

Howard says she started buying Gerber products around 2021, when her child was younger than 2 years old.

She says she bought the products after reading the nutrient information advertised, such as “2g Protein” on certain baby food pouches. Other examples include “with Vitamin C,” “wonderfoods” and “nutritious,” according to the Gerber class action.

The lawsuit alleges the advertising is designed to induce parents to pay more for the products and deceive consumers into thinking the products provide physical health benefits for their child. 

“[Howard] purchased the Products instead of other products, because she believed the Products to be superior and appropriate in providing nutrition for her child,” the Gerber class action states.

Howard alleges some of the products are actually harmful to children due to their high sugar content.

She seeks to represent anyone in California who purchased Gerber baby and toddler products with nutrient content claims from Aug. 19, 2018, to now and is suing for violations of California consumer laws, common law fraud and unjust enrichment. She requests certification of the class action, damages, fees, costs and a jury trial.  

In related news, late last year, a consumer hit Gerber with a class action lawsuit alleging its baby food products contain a dangerous amount of toxic heavy metals including arsenic, lead, cadmium and mercury. 

You may qualify for a lawsuit claim review if you have a child who consumed baby food with toxic heavy metals and was diagnosed with autism, another neurological disorder or a cognitive deficiency.

The plaintiff is represented by Seth A. Safier, Marie A. McCrary and Hayley Reynolds of Gutride Safier LLP.

The Gerber class action lawsuit is Tracy Howard v. Gerber Products Co., Case No. 3:22-cv-04779-SK, in the U.S. District Court for the Northern District of California. 

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