Parent’s Choice Misleading Toddler Beginnings Formula Class Action

How do you transition a baby from breastfeeding to solid foods? In recent years, transition formulas have gained popularity. One such product is Walmart’s Parent’s Choice brand Toddler Beginnings Infant Formula with Iron—Milk-Based Powder, for babies nine months and older. But the complaint for this class action alleges that the name of the product is deceptive and misleading because it is too similar to the name of a similar Parent’s Choice product meant for infants.

The classes for this action are to consist of all consumers in New York and the other forty-nine states who bought the Toddler Beginnings product based on misleading representations.

The complaint quotes “[e]stablished expert organizations” as recommending “exclusive breastfeeding for the first 6 months of life with the addition of complementary foods and the continuation of breastfeeding until at least 12 months of age.” It claims that the descriptive term for the product does not do what federal law requires it to do, that is, “state, in clear terms, what it is in a way that distinguishes it from different foods.”

Because of the increase of the practice of breastfeeding since 2003, sales of infant formula have decreased. The complaint claims that transition formulas are “a profitable alternative and are a way to sell infant formula to children older than twelve (12) months.”

The complaint alleges, “Through the identical names, statements and design of the two products, caregivers of young children are led to believe that the Toddler Beginnings Product is nutritionally appropriate for children of the targeted age group—9 months and above and implies that infants and young toddlers have identical nutrient requirements, which is false.”

According to a survey highlighted by the complaint, consumers believe transition formulas are a suitable drink for toddlers, in spite of the fact that they provide “no unique nutritional value beyond what could be achieved through a nutritionally adequate diet; furthermore, they contribute added sugars to the diet.”

The complaint points out that the Toddler Beginnings product uses the Infant Formula nutrition panel rather than the Nutrition Facts panel and that caregivers therefore don’t realize that sugar has been added. However, the complaint reproduces part of the product’s ingredient label, which clearly shows “Corn Syrup” high up on its long list of ingredients. Corn syrup does not appear in the ingredient panel for the infant formula.

The complaint alleges that the Toddler Beginnings product is less health for toddlers than whole cow’s milk, having less protein, more calories, and more sugars. However, it is approximately three times as expensive as whole cow’s milk. The complaint concludes by saying that the “branding and packaging of Toddler Beginnings [are] designed to—and do—deceive, mislead, and defraud customers.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Parent’s Choice Misleading Toddler Beginnings Formula Complaint

June 22, 2020

How do you transition a baby from breastfeeding to solid foods? In recent years, transition formulas have gained popularity. One such product is Walmart’s Parent’s Choice brand Toddler Beginnings Infant Formula with Iron—Milk-Based Powder, for babies nine months and older. But the complaint for this class action alleges that the name of the product is deceptive and misleading because it is too similar to the name of a similar Parent’s Choice product meant for infants.

Parent’s Choice Misleading Toddler Beginnings Formula Complaint

Case Event History

Parent’s Choice Misleading Toddler Beginnings Formula Complaint

June 22, 2020

How do you transition a baby from breastfeeding to solid foods? In recent years, transition formulas have gained popularity. One such product is Walmart’s Parent’s Choice brand Toddler Beginnings Infant Formula with Iron—Milk-Based Powder, for babies nine months and older. But the complaint for this class action alleges that the name of the product is deceptive and misleading because it is too similar to the name of a similar Parent’s Choice product meant for infants.

Parent’s Choice Misleading Toddler Beginnings Formula Complaint
Tags: Deceptive Advertising, Deceptive Labels, Misleads as to Nutritional Value