Gerber class action claims company tracks website visitors

Gerber website class action lawsuit overview: 

• Who: Plaintiff Vianca Velasco filed a class action lawsuit against Gerber Products Co. 
• Why: Velasco claims Gerber violated California’s Trap and Trace Law by allegedly installing a TikTok-created tracking software on its website. 
• Where: The class action lawsuit was filed in California federal court. 

A new class action lawsuit alleges that Gerber installed on its website a tracking software created by TikTok that unlawfully collects the data of its visitors. 

Plaintiff Vianca Velasco’s class action lawsuit claims the TikTok software collects data from what would otherwise be anonymous visitors to Gerber’s website, without Gerber having obtained the express or implied consent needed to legally do so. 

“Defendant did not obtain Class Members’ express or implied consent to be subjected to data sharing with TikTok for the purposes of fingerprinting and de-anonymization,” the Gerber class action says. 

Velasco wants to represent a California class of consumers whose chats were transcribed by third parties and/or whose identifying information was sent to TikTok. 

Gerber in violation of California Trap and Trace Law, class action claims

Velasco argues the TikTok software collects “as much data as it can” from visitors to Gerber’s website, before matching that data “existing data TikTok has acquired and accumulated about hundreds of millions of Americans.” 

“The TikTok Software begins to collect information the moment a user lands on the Website. Thus, even though the Website has a ‘cookie banner’ the information has already been sent to TikTok regarding the user’s visit,” the Gerber class action says. 

Velasco claims Gerber is guilty of violating California’s Trap and Trace Law. She demands a jury trial and requests injunctive relief along with an award of statutory and punitive damages for herself and all class members. 

A consumer filed a separate class action lawsuit against Gerber in August 2022 over claims that the company makes unlawful nutrition content claims on its baby and toddler food products. The class action lawsuit was later trimmed by a California judge last year 

Are you concerned your data was sent to TikTok after visiting Gerber’s website? Let us know in the comments.

The plaintiff is represented by Robert Tauler of Tauler Smith LLP. 

The Gerber website class action lawsuit is Velasco, et al. v. Gerber Products Company, et al., Case No. 2:24-cv-07758, in the U.S. District Court for the Central District of California.

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