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Similac Go & Grow Toddler Drink Misleading Labeling New York Class Action

The toddler years, the complaint says, are important for giving toddlers healthy food preferences. Formula made for toddlers is also called transition formula, because it is intended to be used in the transition from breastfeeding to a normal diet. At issue in this class action is Abbott Laboratories, Inc, Similac Go & Grow Toddler Drink, or “Toddler Drink, Milk-Based Powder.” The complaint claims this product is deceptively and misleadingly named because it is “confusingly similar” to the company’s “Infant Formula with Iron, Powder, Milk-Based” and does not state in what way it is different from the infant product.

The class for this action is all those living in New York who bought the product during the applicable statutes of limitations.

Although the infant product name includes the words “with Iron,” the complaint says that this is not sufficient to differentiate the products because the front of the toddler product’s front label graphics make reference to spinach and broccoli, “two vegetables known to be high in iron…”

The toddler drink’s nature is not clear, the complaint alleges for several reasons.

First, the complaint alleges, “The labeling of the Toddler Drink and Infant Formula gives caregivers … the false impression that the Toddler Drink is the appropriate ‘next step’ for a child’s nutritional needs after the first year of life.”

Second, says the complaint, it gives caregivers the impression that needs of toddlers and infants are the same.

Finally, the complaint reproduces the toddler product’s ingredient panel, saying, “Contrary to the recommended nutritional needs of children in this age range, the Product contains four grams of added sugar (in a four-ounce serving).” This, it says, is indicated by the second listed ingredient, “Lactose,” which the complaint calls “an added sugar.”

The complaint also contends that the Similac toddler product contains less protein than cow’s milk and more sugar (carbohydrates). Also, the complaint alleges, “Transition formula such as Similac Go & Grow Toddler Drink is more than three times as expensive [as] whole cow’s milk.” It shows a chart comparing prices per eight ounces and per gallon for each.

According to the complaint, the toddler drink is marketed “as superior to cow’s milk, in direct contravention of guidelines established by global health authorities for the nutritional needs of young children.”

The complaint alleges that a study of caregivers has shown that “52% expected these products to ‘give toddlers nutrition that they wouldn’t get from other sources.’”

The labeling of the products, the complaint says, therefore “causes caregivers to make inaccurate and ill-advised nutritional purchasing decisions.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Similac Go & Grow Toddler Drink Misleading Labeling New York Complaint

November 22, 2020

The toddler years, the complaint says, are important for giving toddlers healthy food preferences. Formula made for toddlers is also called transition formula, because it is intended to be used in the transition from breastfeeding to a normal diet. At issue in this class action is Abbott Laboratories, Inc, Similac Go & Grow Toddler Drink, or “Toddler Drink, Milk-Based Powder.” The complaint claims this product is deceptively and misleadingly named because it is “confusingly similar” to the company’s “Infant Formula with Iron, Powder, Milk-Based” and does not state in what way it is different from the infant product.

Similac Go & Grow Toddler Drink Misleading Labeling New York Complaint

Case Event History

Similac Go & Grow Toddler Drink Misleading Labeling New York Complaint

November 22, 2020

The toddler years, the complaint says, are important for giving toddlers healthy food preferences. Formula made for toddlers is also called transition formula, because it is intended to be used in the transition from breastfeeding to a normal diet. At issue in this class action is Abbott Laboratories, Inc, Similac Go & Grow Toddler Drink, or “Toddler Drink, Milk-Based Powder.” The complaint claims this product is deceptively and misleadingly named because it is “confusingly similar” to the company’s “Infant Formula with Iron, Powder, Milk-Based” and does not state in what way it is different from the infant product.

Similac Go & Grow Toddler Drink Misleading Labeling New York Complaint
Tags: Deceptive Advertising, Deceptive Labels, Toddler Formula