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Similac Pro-Advance “Closest Formula to Breast Milk” Claims Class Action

Abbott Laboratories, Inc. markets its Similac Pro-Advance infant formula as “Our Closest Formula to Breast Milk.” But is this a legitimate claim? The complaint for this class action claims it is not, because this and other claims it makes imply that the formula can come close to delivering the benefits of breast milk.

Two classes have been defined for this action:

  • The Illinois Class is all persons in Illinois who bought the product during the applicable statutes of limitations.
  • The Consumer Fraud Multi-State Class is all persons in North Dakota, Rhode Island, Michigan, Virginia, Kansas, Wyoming, and Delaware who bought the product during the applicable statutes of limitations.

The complaint alleges, “Breast milk is the ‘gold standard’ for infant feeding, as determined by
the World Health Organization (‘WHO’) and government bodies within the United States.” However, it says, “[t]he WHO Code on marketing breast milk substitutes prohibits claims which idealize[] infant formula.”

The front of the formula cannister displays the words, “Immune Support,” “Brain & Eye Development,” “Lutein,” “Vitamin D,” “DHA,” “2’-FL HMO—Human Milk Oligosaccharide †not from human milk,” “Our Closest Formula to Breast Milk,” and “Non-GMO.” According to the complaint, these claims “imply the inclusion of these constituents can approach the benefits from breast milk.”

The complaint claims that the many benefits promoted on the front of the give the impression that the formula can provide benefits similar to those of breast milk. But this impression, it says, is false, deceptive, and misleading.

But the complaint alleges that this is far from true. It alleges, “Breast milk contains myriad molecular and live tissue components such as secretory IgA, enzymes, lysoxymes, hormones, macrophages and growth factors that are unique for each mother, which cannot be manufactured, and are not found in breast milk substitutes.”

It asserts, “No competent and reliable scientific evidence [exists], which would include studies with control groups of exclusively breastfed infants, compared to infants fed the Product, and show the similarities between breast milk and the Product…”

The representations dissuade customers from breastfeeding, the complaint claims, and give the false impression that the formula “is almost equivalent to breast milk.”

Also, the complaint claims, the “Non-GMO” claim is also misleading because the product is made with dairy ingredients that come from cows that have been given genetically-modified feed.

The counts include violations of the Illinois Consumer Fraud and Deceptive Business Practices Act and other state consumer fraud acts, breaches of warranties, negligent misrepresentation, fraud, and unjust enrichment.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Similac Pro-Advance “Closest Formula to Breast Milk” Claims Complaint

November 20, 2021

Abbott Laboratories, Inc. markets its Similac Pro-Advance infant formula as “Our Closest Formula to Breast Milk.” But is this a legitimate claim? The complaint for this class action claims it is not, because this and other claims it makes imply that the formula can come close to delivering the benefits of breast milk.

Similac Pro-Advance “Closest Formula to Breast Milk” Claims Complaint

Case Event History

Similac Pro-Advance “Closest Formula to Breast Milk” Claims Complaint

November 20, 2021

Abbott Laboratories, Inc. markets its Similac Pro-Advance infant formula as “Our Closest Formula to Breast Milk.” But is this a legitimate claim? The complaint for this class action claims it is not, because this and other claims it makes imply that the formula can come close to delivering the benefits of breast milk.

Similac Pro-Advance “Closest Formula to Breast Milk” Claims Complaint
Tags: Claims Unsupported By Scientific Evidence, Deceptive Advertising, Deceptive Labels, Negligent Misrepresentation