This class action alleges that Plum Organics misleads parents to believe their baby and toddler foods are healthier than they are. It brings suit against the companies responsible for Plum—Campbell Soup Company, the former owner of Plum, and Sun-Maid Growers of California, the owner as of around March 2021—claiming they misbrand their baby and toddler foods “by making nutrient content claims on the product packages that are strictly prohibited by the Food and Drug Administration (‘FDA’)…”
The Nationwide Class for this action is all persons in the US who bought the products between May 27, 2017 and the present. A California Subclass has also been defined for class members in that state.
Many of the Plum products in question make nutrient claims on their principal display panels. According to the complaint, “FDA regulations explicitly prohibit certain nutrient claims on foods intended for children under the age of two.”
The products include baby food pouches that contain pureed baby food. As of 2018, these kinds of pouches make up 25% of baby food sales. The products are meant for children under the age of two. The complaint gives two examples of pouches and their nutrient claims.
The Mighty Protein & Fiber pouches have on their front labels the words “3g Protein,” “4g Fiber,” and “200mg Omega-3 ALA from Chia.”
The Super Smoothie Nutrient-Dense Blend pouches have on their front labels the words “Nutrient-Dense Blend,” “4g Fiber,” “100mg Omega-3 ALA from Chia,” and “7 Essential Nutrients.” On the back of the pouch are two other claims: “We developed the Super Smoothie to fuel your little one … with a nutritious blend of fruits and veggies,” and “Exposure to key nutrients in the first 1000 days is critical for a child’s development.”
The complaint alleges that this “advertising and labeling of the Products with express and implied nutrient content claims is unlawful, misleading, deceptive, and intended to induce customers to purchase the Products at a premium price. These claims deceive and mislead reasonable consumers into believing that the Products will provide more benefits than their competitors,” and they persuade parents to buy them “despite a lack of evidence that an increased intake for the nutrients advertised [is] appropriate or recommended for infants and toddlers less than 2 years of age.”
Other Plum products also display express or implied nutrient claims.
The complaint asserts that under the federal Food, Drug & Cosmetic Act (FDCA), “the term ‘misleading’ covers labels that are technically true, but are likely to deceive consumers. Under the FDC, if any single representation on the labeling is misleading, the entire food is misbranded, and no other statement in the labeling can cure a misleading statement.”
California law has similar provisions: “Under California law, a food product that is ‘misbranded’ cannot legally be manufactured, advertised, distributed, sold, or possessed. Misbranded products have no economic value and are legally worthless.”
The nutrient claims made by the Plum products therefore violate both state and federal regulations, the complaint alleges.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Plum Organics Misleading Nutrient Claims on Baby Foods Complaint
September 10, 2021
This class action alleges that Plum Organics misleads parents to believe their baby and toddler foods are healthier than they are. It brings suit against the companies responsible for Plum—Campbell Soup Company, the former owner of Plum, and Sun-Maid Growers of California, the owner as of around March 2021—claiming they misbrand their baby and toddler foods “by making nutrient content claims on the product packages that are strictly prohibited by the Food and Drug Administration (‘FDA’)…”
Plum Organics Misleading Nutrient Claims on Baby Foods ComplaintCase Event History
Plum Organics Misleading Nutrient Claims on Baby Foods Complaint
September 10, 2021
This class action alleges that Plum Organics misleads parents to believe their baby and toddler foods are healthier than they are. It brings suit against the companies responsible for Plum—Campbell Soup Company, the former owner of Plum, and Sun-Maid Growers of California, the owner as of around March 2021—claiming they misbrand their baby and toddler foods “by making nutrient content claims on the product packages that are strictly prohibited by the Food and Drug Administration (‘FDA’)…”
Plum Organics Misleading Nutrient Claims on Baby Foods Complaint