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|Enfamil Prebiotic False Advertising Class Action Lawsuit|
- Tuesday, 28 August 2012 11:37
Enfamil Prebiotic False Advertising Class Action Lawsuit
By Kimberly Mirando
Mead Johnson & Co. falsely advertises that it’s Enfamil and other formulas contain prebiotics that provide immunity-related health benefits for babies and young children, a federal class action lawsuit claims. The truth, however, is that these mislabeled product do not support your baby’s developing immune system as advertised, the lawsuit says.
The Enfamil class action lawsuit takes aim at several misleading statements made on the product labels for Enfamil Premium Newborn formula, Enfamil Premium Infant formula, Enfamil A.R. for Spit-Up Infant formula, and Enfagrow Premium Older Toddler Vanilla Milk Drink products. In particular, the lawsuit takes issue with the claims they contain “Natural Defense Dual Prebiotics” and that they “act like breast milk.”
“Enfamil’s ‘Natural Defense Dual Prebiotics’ do not provide health benefits as represented and certainly are not ‘proven’ to do so. Moreover, there is not competent and reliable scientific evidence supporting the Misrepresentation, and any purported link between immune response and prebiotics in the Mislabeled Products is entirely speculative,” the Enfamil class action lawsuit says.
Furthermore, “experts agree that breast milk is immeasurably superior to baby formula in terms of infant nutrition and other health benefits. Therefore, it is misleading for Defendant to advertise the Mislabeled Products as similar to breast milk when formula cannot provide anywhere near the level of benefits provided by breast milk,” the Enfamil class action lawsuit continues.
This is not the first time Mead Johnson has been accused of falsely advertising its Enfamil formula products. The company reached a class action lawsuit settlement last year over its Enfamil LIPIL Infant Formula.
The Enfamil class action lawsuit is brought on behalf of all U.S. consumers who purchased the mislabeled Enfamil products listed above for personal or household use. It is seeking damages, restitution and more for several alleged violations, including violation of California’s False Advertising Law, Unfair Competition Law, and breach of express and implied warranties.
A copy of the Enfamil Prebiotic False Advertising Class Action Lawsuit can be read here.
The case is Shenique Route v. Mead Johnson Nutrition Company d/b/a Mead Johnson & Company, LLC, Case No. 12-cv-7350, U.S. District Court, Central District of California. The Plaintiff is represented by the law firm Bursor & Fisher, P.A.
Updated August 28th, 2012
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Last Updated on Thursday, 27 December 2012 11:09