Walmart Pediatric Shake Class Action Lawsuit Trimmed

A Walmart class action alleging that marketing claims for Parent’s Choice Pediatric Shakes are misleading, has been trimmed after an Alabama judge found deficiencies in the plaintiffs’ argument.

According to U.S. Magistrate Judge Gray M. Borden, plaintiff Kaylan Morris failed to provide enough evidence that Walmart’s claims regarding its Parent’s Choice Pediatric Shakes were false.

Morris, who took issue with statements that the shakes provide “balanced nutrition to help kids thrive” and “nutrition to help kids grow,” must provide more support for her claims, according to Judge Borden.

“Morris does not allege how the nutritional content is deficient or how the use of unnatural or synthetic ingredients prevents the shakes from providing the promised nutritional value,” Judge Borden determined. “For these claims to be viable, Morris must connect the dots.”

Based on this, Judge Borden trimmed all of Morris’ claims which were based on “nutrition” phrases. However, the judge did give Morris leave to amend her claims and try again.

Other allegations in the Walmart false advertising class action lawsuit did not fare as well. Judge Borden dismissed Morris’ natural flavoring claims with prejudice. According to the judge, these claims are preempted by the Food, Drug, and Cosmetic Act and are not sufficiently alleged in the complaint.

Remaining claims that the Parent’s Choice shakes are mislabeled as containing no synthetic color, flavors or sweeteners were allowed to continue. Walmart attempted to dodge these claims, arguing that the ingredients in question are “nonsweet” ingredients, according to the U.S. Food and Drug Administration.

However, Judge Borden noted that legal precedent does not support the retailer’s arguments since the company could have used the ingredients as a sweetener.

Judge Borden allowed Morris’ claims under the Magnuson-Moss Warranty Act after finding that “Morris has sufficiently pled a state law claim for breach of express warranty regarding the ‘No Synthetic Color, Flavor, or Sweeteners’ label.”

Morris’ claims under the Alabama Deceptive Trade Practices Act were also allowed to move forward. Although the law limits plaintiffs to pursue either claims under the state act or related common law fraud acts, Judge Borden determined that Morris can choose which claims to pursue later.

If Morris wishes to amend her complaint and restructure some of her dismissed claims, she has until Feb. 19.

Morris filed her Walmart false advertising class action lawsuit in April 2019. She alleged that Parent’s Choice Pediatric Shakes were falsely labeled as containing “No Synthetic Color, Flavor or Sweeteners.” Morris claimed that the products actually contain synthetic ingredients such as maltodextrin, a synthetic sweetener.

“Walmart’s misrepresentations and omissions are misleading, likely to deceive, and do deceive reasonable consumers because the Shakes contain unnatural and synthetic ingredients,” the Walmart false advertising class action lawsuit claimed.

Did you purchase the Parent’s Choice Pediatric Shakes? Share your experiences in the comment section below.

Morris is represented by Taylor C. Bartlett and Lewis Garrison Jr. of Heninger Garrison Davis LLC and Stuart McAtee of Alexander Shunnarah Personal Injury Attorneys.

The Walmart Parent’s Choice Pediatric Shakes Class Action Lawsuit is Morris, et al. v. Walmart Inc., Case No. 2:19-cv-00650, in the U.S. District Court for the Northern District of Alabama.

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