Judge dismisses Gerber class action over toddler formula false advertising

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Update:

• An Illinois federal judge dismissed a class action against Gerber claiming it falsely advertises its Good Start Grow formula.
• U.S. District Judge Lindsay C. Jenkins ruled the court did not have jurisdiction over the Gerber class action because aggregate damages in the case do not exceed $5 million, the standard for making the case a class action.
• Jenkins ruled plaintiff Melissa Garza is part of the proposed Illinois class but not part of a proposed multistate class, including customers in Arkansas, Iowa, North Dakota, Utah and Wyoming, and thus can’t claim damages in those states.
• Gerber made $5.1 million in revenue in Illinois on Good Start Grow over the five-year relevant period, but not all of that can be claimed as damages, the judge ruled.
• Jenkins will allow Garza to amend the complaint but said the plaintiff should not expect a third chance to amend.

Nestle Gerber Good Start Grow formula class action overview:

• Who: Nestle is being sued by a woman who says the company’s Gerber toddler formula is falsely advertised
• Why: She says the formula is marketed as nutritionally appropriate when it has added sugars and less protein than cow’s milk 
• Where: The lawsuit was filed in Illinois federal court.

(June 17, 2022)

Nestle USA makes a toddler formula that is marketed as nutritional, but which actually contains added sugars and less protein than cow’s milk, a new class action lawsuit alleges.

Plaintiff Melissa Garza filed the class action complaint against Nestle USA Inc. June 14 in an Illinois federal court, alleging violations of state and federal consumer laws. 

Garza alleges that Nestle’s Gerber Good Start GentlePro Infant Formula and Good Start Grow Toddler Drink are marketed in nearly identical ways. 

However, Nestle failed to tell caregivers that the toddler formula has added sugar, less protein and more carbohydrates than whole cow’s milk, she says.

“Through the similar representations, caregivers get the incorrect impression that the Gerber Good Start Grow Toddler Drink is the ‘next step’ for children beyond infancy,” Garza alleges.

“The identical labeling elements further this impression and ride the coattails of the carefully regulated infant formula products to drive sales.”

Infants and babies have different nutritional needs, lawsuit alleges

She says this is important because the nutritional requirements for infants are different from requirements for toddlers between the ages of 12 and 24 months. 

In fact, pediatric organizations advise caregivers to avoid toddler formulas and instead rely on whole cow’s milk, water and healthy whole foods as part of a balanced diet to meet their children’s nutritional needs, she adds.

Garza said she bought the formula between 2020 and 2021. She’s suing Nestle for fraud, negligent misrepresentation, violating state and federal consumer protection laws, breach of warranty, and unjust enrichment.

She’s looking to represent a class of Illinois residents who bought the formula, plus a multi-state class of consumers in Iowa, Arkansas, Wyoming, North Dakota and Utah.

The news comes as Nestle fights a class action lawsuit alleging false advertising of its BOOST Glucose Control drinks as being for diabetes prevention and treatment could lead to “substantial societal harm.”

What do you think about the allegations against Nestle? Let us know in the comments.

Garza is represented by Spencer Sheehan of Sheehan & Associates PC.

The Nestle formula class action lawsuit is Melissa Garza et al. v. Nestle USA Inc., Case No. 1:22-cv-03098, in U.S. District Court for the Northern District of Illinois. 

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