Parents these days want to provide their babies and toddlers with healthy foods. This class action bring suit against the maker of Earth’s Best baby and toddler food products, Hain Celestial Group, Inc., alleging that it misbrands its products. The complaint claims that it makes nutrient content claims on the Earth’s Best packages that are forbidden by the Food and Drug Administration (FDA) and leads parents into thinking that its products are healthier for their children than others’ products are.
The class for this action is all persons in California who bought the products between January 26, 2018 and the present.
The FDA is the entity that regulates the labeling of food. California has adopted the Food, Drug & Cosmetic Act (FDCA) and other federal food-labeling regulations as its own state laws.
The complaint quotes the Code of Federal Regulations as saying that “no nutrient content claims may be made on food intended specifically for use by infants and children less than 2 years of age.” This prohibition includes claims that are specifically expressed and those that are merely implied.
For example, an express nutrient claim can be “any direct statement about the level (or range) of a nutrient in the food.” Regulations also exist for claims about a food being an “excellent source” of some nutrient.
Under the FDCA, the complaint alleges, “the term ‘misleading’ covers labels that are technically true, but are likely to deceive consumers. Under the FDCA, if any single representation on the label is misleading, the entire food is misbranded, and no other statement in the labeling can sure a misleading statement.” Foods that are misbranded cannot be legally made, advertised, or sold.
According to the complaint, the Earth’s Best products are misbranded because they are meant for children who are younger than two and their labels show express nutrient claims.
For example, the complaint shows images of several Earth’s Best products and reviews their impermissible label claims:
A baby food pouch from a line called Organic Fruit Yogurt Smoothie that states on its front label that it is an “Excellent Source of Calcium, Vitamins C & D.”
A pouch from a line of Protein Pouches that states on its front label that it contains “3g Protein.”
A box of snack crackers from a line of snacks called the Organic Crunchin’ Crackers that states that the crackers are an “Excellent Source of Iron, Zing, & Six B Vitamins.”
These products, the complaint alleges, are sold in the baby food aisle of supermarkets and are intended for children as young as six months, as their first solid foods, and the they all make similar nutrient content claims.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Earth’s Best Baby and Toddler Food Nutrient Claims California Complaint
January 26, 2022
Parents these days want to provide their babies and toddlers with healthy foods. This class action bring suit against the maker of Earth’s Best baby and toddler food products, Hain Celestial Group, Inc., alleging that it misbrands its products. The complaint claims that it makes nutrient content claims on the Earth’s Best packages that are forbidden by the Food and Drug Administration (FDA) and leads parents into thinking that its products are healthier for their children than others’ products are.
Earth’s Best Baby and Toddler Food Nutrient Claims California ComplaintCase Event History
Earth’s Best Baby and Toddler Food Nutrient Claims California Complaint
January 26, 2022
Parents these days want to provide their babies and toddlers with healthy foods. This class action bring suit against the maker of Earth’s Best baby and toddler food products, Hain Celestial Group, Inc., alleging that it misbrands its products. The complaint claims that it makes nutrient content claims on the Earth’s Best packages that are forbidden by the Food and Drug Administration (FDA) and leads parents into thinking that its products are healthier for their children than others’ products are.
Earth’s Best Baby and Toddler Food Nutrient Claims California Complaint