Gerber Baby and Toddler Foods Improper Nutrient Claims California Class Action

Gerber Products Company makes foods for babies and toddlers under the age of two. But the complaint for this class action alleges that the products make nutrient claims on their labels that the Food and Drug Administration (FDA) prohibits for children in this age group. The complaint further alleges that the foods are giving the impression that they are healthy and meeting the needs of this age group but that they may actually be harmful in some instances.

The class for this action is all persons in California who bought the products between August 19, 2018 and the present.

Under the Food, Drug & Cosmetic Act (FDCA), the complaint alleges, “the term ‘misleading’ covers labels that are technically true, but are likely to deceive consumers.”

The complaint alleges, “All the Product labels contain nutrient content claims that are unlawful.”

The complaint provides examples of the kinds of claims it objects to. For example, “Plant-tastic” food pouches are labeled, “Nutritious, plant-based, and specially designed to provide 2 grams of protein.” Others claim to provide “1 ½ servings of fruit” or “2 servings of superfoods.”

The complaint asserts, “Foods intended for children less than two are prohibited from making such nutrient claims.”

One reason that nutrient claims are a problem here, the complaint says, is that “there are different recommended daily intakes for nutrients for children 0-12 months; 1-3 years; and 4 years and above.”

The complaint quotes a 2020 USDA working group as saying that “[d]eveloping recommended food patterns for infants and toddlers ages 6 to 24 months is challenging … in part because the scientific evidence for many questions is relatively scant.”

The complaint asserts, “Children under two have unique dietary needs because they are experiencing huge amounts of growth, but eating relatively little solid food.” They also have different needs than adults do, the complaint alleges, “because the optimal diet for children under two also has to address needs beyond mere nutrition, such as developing neural pathways in the brain to establish healthy eating habits and developing gross and fine motor skills.”

Children under two are supposed to avoid sugar, but the complaint alleges that some of the Gerber products have added sugar. As an example, it cites the Spaghetti Rings in Meat Sauce, which it claims has 3 grams of added sugar.

The complaint also claims that the World Health Organization (WHO) has “recognized the dangers inherent in pouch products.” It quotes WHO as saying that “[p]ureeing foods means much of the intrinsic sugar (within cell walls of fruit and vegetables) is liberated and readily available,” and that it provides “lower nutrient density,” among other things.

Pureeing can also remove fiber from foods which fulfills important functions, altering the “food matrix” of the substance so that it is significantly different for health. It also deprives children of chewing and swallowing experience that can help develop speech skills, and does not allow the same level of experience with dexterity, coordination, and other operations involved with eating solid foods.

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Deceptive Labels, Misleading Nutrient Claims