Practice Area: Consumer Protection

Case Status: Pending

Berger Montague is currently litigating a certified class action lawsuit against Gerber Product Co. alleging that Gerber falsely advertised its Good Start Gentle brand of infant formula as having allergy-reducing properties, despite lacking adequate scientific proof. There are several cases being litigated in the United States District Court for the Eastern District of New York, including Hasemann, et al. v. Gerber Products Co., No. 1:15-cv-02995-EK-RER (E.D.N.Y.), and Greene, et al. v. Gerber Products Co., No. 1:16-cv-01153-EK-RER (E.D.N.Y.).

The plaintiffs alleged that Gerber stated that its baby 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 United States Federal Trade Commission (“FTC”), which works to prevent fraudulent, deceptive, and unfair business practices, disagreed, saying there remains no scientific evidence that Gerber’s Good Start Gentle formula can help with any condition except for eczema and that Gerber was misleading consumers about the benefits of its product. Led by Berger Montague attorneys Shanon J. Carson and Jacob Polakoff, the false advertising consumer protection lawsuit is continuing, and expected to reach a trial by 2024.

If you have suffered economic losses or personal injuries as a result of any defective product, please contact Shanon J. Carson of Berger Montague.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.

Practice Area

schedule a free consultation

"*" indicates required fields

By clicking SUBMIT you agree to our Terms of Use and Privacy Policy and you are providing express consent to receive communications from Berger Montague via calls, emails, and/or text messages.

On the Cutting Edge of the Profession

Legal Intelligencer