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Similac baby formula class action overview:
- Who: A consumer is suing Abbott Laboratories over its Similac powdered infant formula
- Why: She says Abbott is falsely advertising how many bottles its cans of powdered infant formula can make
- Where: California federal court
Abbott is falsely advertising how many bottles its cans of powdered baby formula can make, a new class action lawsuit alleges.
Plaintiff Callie Green filed the class action lawsuit July 5 against Abbott Laboratories in a California federal court, alleging violations of federal and state consumer laws.
Abbott is the manufacturer and seller of various powdered Similac infant formulas. However, following the instructions on the label results in fewer bottles than Abbott promises, short-selling the consumer, Green alleges.
She says that, when following the back-label mixing guide on the Similac Pro-Advance Infant Formula, she gets almost 10% fewer bottles of milk than promised.
“On each package of Similac Powder Formula, Abbott claims the product makes a certain number of bottles of prepared formula,” she states.
“These statements are false or misleading because — given the dilution instructions set forth on the back panel of each Similac Powder Formula — the number of bottles Abbott represents each product makes is not what each product actually makes when mixed with water according to Abbott’s own instructions, and thus the value is not what Abbott represents.”
Consumers not likely to realize discrepancy, lawsuit says
Because the Similac powder is used over a period of weeks, consumers are unlikely to notice the discrepancy through normal use, Green says.
Green says she chose the product because it advertised a certain number of bottles of infant formula made by mixing the powder.
“But because Abbott only delivered a portion of those bottles, plaintiff paid a price-per-bottle that was significantly higher than reflected in the market price to which she and Abbott agreed, and received an amount of bottles that was lower than Abbott promised,” the lawsuit states.
Green is looking to represent a class of California consumers who bought Similac powder formulas in packaging with a label stating the product makes any specified number of bottles from July 5, 2018, to now.
She is suing for breach of warranty, unjust enrichment, breach of California consumer laws and negligent misrepresentation.
She’s seeking certification of the class action, an order forcing Abbott to do a corrective advertising campaign, disgorgement of profits, damages, restitution, fees, costs and a jury trial.
In April, Abbott Laboratories 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.”
If you purchased recalled Similac, Alimentum or EleCare, you may qualify to participate in a baby formula recall lawsuit investigation.
The plaintiff is represented by Jack Fitzgerald, Paul K. Joseph, Trevor M. Flynn and Caroline S. Emhardt of Fitzgerald Joseph LLP.
The Similac Class Action Lawsuit is Callie Green v. Abbott Laboratories, Case No. 3:22-cv-03930, in the U.S. District Court for the Northern District of California.
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Can we get added to the lawsuit and if so how? I don’t see any way to do that on this website. Thanks
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