Berger & Montague, P.C. is investigating whether customers
who bought Gerber's Good Start Gentle formula can file a class
action lawsuit against Gerber Product Co.
In October 2014, Gerber Product Co. was faced with a lawsuit by
the Federal Trade Commission (FTC). The lawsuit alleged that Gerber
deceptively marketed its Good Start Gentle brand of infant formula
as having allergy-reducing properties, despite lacking adequate
Gerber says formula containing hydrolyzed whey proteins, or
PHWPs, as opposed to cow's milk proteins, will prevent or reduce
the risk of an infant developing allergies. The FTC disagrees,
saying that there remains no scientific evidence that Gerber's Good
Start Gentle formula can help with any condition except for eczema,
and that Gerber is misleading consumers about the benefits of its
The FTC's complaint also claims Gerber falsely advertised that
the U.S. Food and Drug Administration (FDA) approved the company's
health claims regarding the formula. According to the complaint,
the formula's packaging displayed a golden badge that says Good
Start Gentle formula is the "first and only" formula that received
FDA approval for its allergy prevention claim.
While the FDA did grant permission in 2009 for Gerber to say
PHWPs can reduce a single, specific type of allergy, the FTC argues
that the FDA only allowed Gerber to make this claim if the company
qualified its statement to make it clear that there is little
scientific evidence to support this claim.
If you have purchased Gerber's Good Start Gentle formula,
contact Berger & Montague. You may be able to file a class
action lawsuit to get your money back.
information are you looking for?
We are looking for the following information:
- Whether you purchased the formula between 2011 and 2014
- How much formula you purchased
- The price you paid for the formula
- How you paid for the formula
- What kind of Good Start formula you purchased (powdered,
- Where you purchased the formula (state and store)
- Whether you noticed any labeling or remember any
- Whether the allergy benefits of the product influenced your
decision to purchase it
- Whether other, cheaper formulas were available that you chose
not to purchase
You can answer these questions by
completing our survey.
have to pay to consult with an attorney?
We are happy to talk with you about your potential claims free
of charge. If we decide to represent you in a lawsuit, we will
enter into a written contingent fee agreement with you. A
contingent fee agreement means we only get paid if we win, and that
we will receive our fees from the amount paid by the Defendant in