Walmart Class Action Lawsuit: Toddler Formula Misleads Parents

A class action lawsuit has been filed against Walmart Inc. by parents who claim the company’s representation of Parent’s Choice Toddler Beginnings formula powders is misleading because the product is confusingly similar in nature to its infant formula product.

Amanda Williams of New York says she purchased Toddler Beginnings from Walmart and paid more for the product than she would have if it did not give a deceptive representation of its usefulness for children over 9-months.

Williams claims the statement of identity for the Parent’s Choice Infant product (0-12 months) and Toddler Beginnings product (9 Months & Up) are the same: “Infant Formula with Iron – Milk-based powder.”

She also alleges that even though the products are targeted at different age ranges with different nutritional needs, they share the same labeling format and similar statements.

Williams claims the name “Infant Formula with Iron – Milk-based powder” for the Toddler Beginnings product is misleading and deceptive because it is confusingly similar to the name of the infant product intended for infants.

In addition, the plaintiff says the term “Infant Formula with Iron – Milk-based powder” is a misleading term for the Toddler Beginnings product because it does not state it in a way that distinguishes it from other foods.

“Through the identical names, statements and design of the two products, caregivers of young children are led to believe that the Toddler Beginnings Product is nutritionally appropriate for children of the targeted age group – 9 months and above and implies that infants and young toddlers have identical nutrient requirements, which is false,” according to the Walmart class action lawsuit.

Williams points to a recommendation by the American Academy of Pediatrics (AAP) Committee on Nutrition and the World Health Organization (WHO) that, beyond 12 months, children’s nutritional needs should be provided by whole cow’s milk and healthy foods.

The Walmart class action lawsuit states that the similar labeling of the Toddler Beginnings product and infant formula product can cause parents to make incorrect nutritional decisions for their children.

To prove that point, Williams points to a survey in which 70% of people believed transition formulas are a suitable drink for toddlers even though they provide no unique nutritional value beyond what could be achieved through a nutritionally adequate diet.

Williams claims Walmart’s Toddler Beginnings product has added sugar in the form of corn syrup.

In addition, the plaintiff says compared to the recommended whole cow’s milk, the Toddler Beginnings formula contains less protein, more calories and more sugars.

“Consumer research has indicated use of transition formulas such as Toddler Beginnings results in prolonged use of expensive, re-branded, infant formula instead of transitioning infants to cow’s milk and other foods,” the Walmart class action lawsuit states.

Williams explains that transition formulas such as Toddler Beginnings are also several times more expensive than whole cow’s milk.

According to Walmart’s website, a 20-ounce can of Toddler Beginnings costs $11.83 and whole milk in New York City currently costs $3.85 per gallon.

If Williams had known the truth and not been subjected to the deceptive and misleading labeling and representations, she says she would not have bought Toddler Beginnings or would have paid less for it.

“Defendant’s false, deceptive and misleading branding and packaging of the Toddler Beginnings Product has enabled defendant to sell more of the Product and at higher prices per unit, than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers,” the Walmart class action lawsuit states.

Williams says she would like to purchase the products again if she is assured they are reformulated such that they would be recommended for nutritional needs of children older than 12 months.

Common questions of law and fact in the Walmart class action lawsuit include whether Walmart’s representations and practices were likely to harm the plaintiff and whether the plaintiff and potential Class Members are entitled to damages.

Williams states that she understood Toddler Beginnings to be nutritionally appropriate for children over 12 months because they were labeled “Stage 2, 9 Months & Older” and shared the labeling format of actual infant formula.

“Defendant’s conduct was misleading, deceptive, unlawful, fraudulent, and unfair because it gives the impression to consumers the Products are necessary and contribute to the growth, nutrition and development of children older than 12 months,” according to the Walmart class action lawsuit.

Did you purchase Toddler Beginnings formula thinking that it would be appropriate for your child? Leave a message in the comments section below.

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates P.C.

The Walmart Toddler Formula Class Action Lawsuit is Amanda Williams v. Walmart Inc., Case No. 1:20-cv-02768, in the U.S. District Court for the Eastern District of New York.

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