PBM Nutiritionals baby formula servings false ad $2M class action settlement

Update:

• This class action settlement is paying out $10 as of March 2023.

• Congratulations to everyone who filed a claim and got paid!

PBM Nutritionals agreed to pay $2 million to resolve claims its baby formula products, sold under brand names such as Burt’s Bees Baby, Member’s Mark and Up & Up, don’t make as many servings as advertised. Class members do not need proof of purchase in order to file a claim.

The settlement benefits a nationwide class of consumers who purchased Well Beginnings, Meijer Baby, Little Journey, Wesley Farms, Burt’s Bees Baby, Berkley Jensen, Parent’s Choice, Earth’s Best Organic, Comforts, Up & Up, Babies “R” Us, Member’s Mark or Bobbie Baby brand formula products between Jan. 1, 2017, and July 21, 2022. A full list of included products is available on the settlement website.

PBM Nutritionals is a manufacturer of baby formula. The company sells baby formula under numerous brand names at retailers such as Walmart, Target and Walgreens.

According to a class action lawsuit, baby formula sold under PBM brand names is deceptively marketed as able to produce an inflated number of servings. The plaintiffs in the case say each product can make 7.9% to 12.1% less servings than what is listed on the product packaging.

“Contrary to these representations, however, the Products contain nowhere near enough powdered baby and infant formula to make the represented number of bottles of formula when following the Feeding Chart on the back labels of the Products,” the baby formula class action lawsuit claims.

Consumers say they were injured by this marketing because they would have paid less for the formula products if they had known the truth about how many servings each container would make. 

PBM hasn’t admitted any wrongdoing but agreed to pay $2 million to resolve these allegations.

Under the terms of the formula settlement, class members can receive a cash payment based on the number of products they purchased during the Class period. 

Without proof of purchase, class members can claim up to five units at a rate of $2 per unit, for a maximum payment of $10. 

With proof of purchase, class members can claim up to 15 units at the same rate of $2 per unit, for a maximum payment of $30.

PBM will also make labeling changes to its Well Beginnings, Meijer Baby, Little Journey, Wesley Farms, Burt’s Bees Baby, Berkley Jensen, Parent’s Choice, Earth’s Best Organic, Comforts, Up & Up, Babies “R” Us, Member’s Mark and Bobbie Baby labels to better inform customers about the serving capabilities of each container.

The deadline for exclusion and objection is Oct. 18, 2022. 

The final approval hearing for the formula settlement is scheduled for Oct. 26, 2022.

In order to receive a settlement payment, class members must submit a valid claim form by Nov. 30, 2022.

Who’s Eligible

Consumers who purchased Well Beginnings, Meijer Baby, Little Journey, Wesley Farms, Burt’s Bees Baby, Berkley Jensen, Parent’s Choice, Earth’s Best Organic, Comforts, Up & Up, Babies “R” Us, Member’s Mark or Bobbie Baby brand formula products between 01/01/2017 – 07/21/2022

Potential Award

$30

Proof of Purchase

Proof of purchase not required but could potentially lead to a higher payout

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

11/30/2022

Case Name

White v. PBM Nutritionals, LLC, Case No. 22PH-CV00931 in the Circuit Court of Phelps County, Missouri

Final Hearing

10/26/2022

Settlement Website

PBMLabelsettlement.com

Claims Administrator

White v. PBM Nutritionals, LLC
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
info@pbmlabelsettlement.com
833-512-2316

Class Counsel

David Steelman
Bryce C Crowley
STEELMAN GAUNT CROWLEY 

Defense Counsel

Courtney L Baird
DUANE MORRIS LLP