Happy Baby, Happy Tot Nutrient Claims on Packaging California Class Action

Nurture, Inc., also known as Happy Family, makes foods for babies and toddlers under its Happy Baby and Happy Tot brands. But the complaint alleges that the company makes nutrient content claims on the products’ packaging that it claims are “strictly prohibited by the Food and Drug Administration (‘FDA’)” for products for babies and children under two, and that give the impression that the products are healthier than other, competing products.

The class for this action is all persons in California who bought the products between November 3, 2017 and the present. The list of products and their nutrient claims is attached as Appendix A at the end of the complaint. See the link below.

The complaint quotes the Code of Federal Regulations (CFR) as saying, “no nutrient content claims may be made on food intended specifically for use by infants and children less than 2 years of age,” with certain exceptions. A nutrient content claim, the CFR says, is “any direct statement about the level (or range) of a nutrient in the food.” An implied nutrient content claim “suggests that the food, because of its nutrient content, may be useful in maintaining health dietary practices and is made in association with an explicit claim or statement about a nutrient.”

California has identical laws, adopting the requirements of the Food, Drug & Cosmetic Act (FDCA) and its labeling regulations.

The complaint claims, “Under the FDCA, the term ‘misleading’ covers labels that are technically true, but are likely to deceive consumers. Under the FDCA, if any single representation on the labeling is misleading, the entire food is misbranded…”

According to the complaint, “[a]ll the Product labels contain impermissible express nutrient content claims. As shown in Exhibit A [attached to the complaint as filed], the Product labels prominently state the grams of protein, grams of fiber, and/or milligrams of omega-3s on the front of the package.” These are express claims.

The complaint alleges that some of the packages also contain implied claims. As an example, the complaint cites the Happy Baby Happy Tot Organic Super Smart 4 oz. Banana Mango Spinach w/Coconut Milk, which has packaging stating, “Our inclusion of DHA 7 Choline gives your tot important nutrients to help support a healthy brain…” The label also bears the explicit statement that the product contains “35 mg beta-glucan.”

Another example the complaint provides is the Happy Tot Super Morning Organic Apples Cinnamon Yogurt & Oats with Superchia Baby Food Pouch, which has packaging that states, “Omega-3s (ALA) from Chia seeds helps your toddler get the most out of every bite!…” The label also carries an explicit statement that the product contains “680 mg Omega-3 (ALA).”

“Because consumers pay a price premium for Products that have a nutrient content claim on the front of the product packaging,” the complaint alleges, “by labeling its Products as providing nutritional value, [Nurture] is able to both increase its sales and retain more profits.”

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