Cases & Investigations

Gerber Good Start False Advertising Lawsuit

PRACTICE AREAS: Consumer Protection
CASE STATUS: Pending

Berger Montague is investigating whether customers who bought Gerber’s Good Start Gentle formula can file a class action lawsuit against Gerber Product Co.

About the case

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 scientific proof.

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 product.

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.

What 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, premixed, etc.)
  • Where you purchased the formula (state and store)
  • Whether you noticed any labeling or remember any advertisements
  • 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.

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Do I 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 the case.

Lead Attorneys

Shanon J. Carson

Managing Shareholder

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