Enfamil LIPIL Infant / Baby Formula False Advertising Lawsuit and Investigation
On December 2, 2009, a federal court upheld a $13.5 million jury verdict against Mead Johnson & Co. for false advertising and permanently enjoined the company from claiming its Enfamil LIPIL infant formula offered unique nutrition benefits compared to store-brand baby formula made by PBM Products LLC. You can read a copy of the Court's December 1, 2009 order.
PBM baby formula, sold at Walmart, Target, Kroger and other major retailers, is substantially less expensive than Enfamil baby formula.
The lawsuit centered on Mead Johnson's claims about LIPIL, a trademarked ingredient in its formula that consists of two fatty acids, DHA and ARA. PBM's infant formulas have the same DHA and ARA nutrients at the same levels as Enfamil LIPIL, according to PBM.
In 2008, Mead Johnson sent a mailing to 1.6 million parents showing a blurry picture of a child's cartoon duck next to a clear picture of the same image. As alleged in PBM's complaint, the mailing suggested that anything other than the Enfamil LIPIL blend of ingredients was inferior and would result in poor eye and brain development. Mead Johnson claimed "it may be tempting to try a less expensive store brand, but only Enfamil LIPIL is clinically proven to improve brain and eye development."
As reported in PBM's December 2, 2009 press release, Paul B. Manning, PBM's CEO, said that Mead Johnson's tactics scared mothers into believing that store-brand infant formulas aren't as nutritious as Enfamil LIPIL: "This decision by a jury of the people confirms that Mead Johnson's ads have been false in suggesting that there is a nutritional difference between our store-brand formula products and their products, when in fact the only major difference is price."
Parents May Submit Their Complaints
The jury award against Mead Johnson provides a recovery solely to PBM for its lost sales. However, the law of most states also provides remedies for consumers deceived by false advertising.
Parents who purchased Enfamil LIPIL baby formula believing it was was superior to less expensive store-brand infant formula are welcome to contact a consumer protection attorney at Lieff Cabraser. There is no charge or obligation for our review of your complaint.
Trademark Notice
Enfamil is a trademark of Mead Johnson. The use of this mark and any other marks is solely for informational and product identification purposes. Lieff Cabraser Heimann & Bernstein, LLP, is not affiliated in any way with Mead Johnson.
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