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Gerber sued over claims formula reduces allergy risk in infants

By Shaun Zinck | May 29, 2015

| Shutterstock

A major baby food maker is being sued over allegations it made about its infant formula.

Jennifer Hasemann and Debbie Hoth filed the lawsuit on May 21 in U.S. District Court in New York against Gerber Products Co., claiming the company made two specific statements about its Gerber Good Start infant formula that were “false and deceptive.”

The lawsuit said in 2011 Gerber claimed Good Start was the “first and only formula whose consumption reduces the risk of infants developing allergies,” and that the U.S. Food and Drug Administration endorsed the health claims.

Gerber petitioned the FDA in 2005 asking for it to approved the health claims that partially hydrolyzed whey protein reduces the risk of allergies in infants. However, the FDA said there was “no credible evidence” to support those claims.

The plaintiffs are seeking class status for all those who purchased the Gerber Good Start formula, and are also seeking more than $5 million in damages plus court costs.

The plaintiffs are represented by Michael R. Reese and George V. Granade of Reese LLP in New York City; Kevin Landau of Taus, Cebulash & Landau, LLP also in New York City; Shanon J. Carson and Sarah R. Schalman-Bergen of Berger & Montague, P.C. in Philadelphia; and John A. Yanchunis of Morgan & Morgan Complex Litigation Group of Tampa, Fla.

U.S. District Court for the Eastern District of New York case number 1:15-cv-02995.

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