Target Toddler Next Stage Formula Difference from Infants Formula Class Action

Target Corporation makes baby and toddler formula. At issue in this class action is its Toddler Next Stage, Milk Drink Powder formula. The complaint alleges that this formula’s name is deceptive and misleading for a number of reasons, in part because it “does not state, in clear terms, what it is in a way that distinguishes it from different foods such as its similar infants formula.

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

Target’s infant formula is called “Infant Formula with Iron, Milk-Based Powder.” The toddler formula is similar: “Toddler Next Stage, Milk Drink Powder.”

The complaint alleges, “Through the confusingly similar product names, claims, statements and design of the two products, caregivers of young children are led to believe that the Toddler Next Stage Product is nutritionally appropriate for children of the targeted age group—above 12 months—and implies that infants and young toddlers have identical nutrient requirements, which is false.”

Additionally, the complaint claims, the “Toddler Next Stage Product is misleading because it contains an Infant Formula nutrition panel … in addition to a Nutrition Facts panel…”

Why is this a bad thing? The complaint alleges, “Using the Infant Formula nutrition panel on a product not intended for infants is misleading because it gives caregivers the impression that the product is subject to the same scrutiny and oversight of Infant Formula products.”

Also, it says, “Caregivers receive the incorrect impression that the Toddler Next Stage Product was reviewed by the FDA for use and consumption for their children greater than one year old, when this is not the case.” It contends that caregivers are likely to look only at the Infant Formula nutrition panel because they are already used to that from using infant formula.

And is there a problem with that? According to the complaint, “[t]his means they are less likely to identify the added two grams of sugar in the Toddler Next Stage, in the form of corn syrup solids, absent from the Infant Formula Product.”

Following that is an image of the ingredient panel, with “Corn Syrup Solids” listed second on the label, just after “Nonfat Milk.”

Finally, the complaint contends, “Even if caregivers do notice the added sugars, they will have no way of knowing that giving foods to children over a year old which have added sugars is inconsistent and contrary to the nutritional needs of children in this age range.”

In fact, the complaint claims, in comparison with whole cow’s milk, the Toddler Formula has less protein, more calories, and more sugar or carbohydrates.

According to the complaint, the American Academy of Pediatrics (AAP) Committee on Nutrition and the World Health Organization recommend that after they are a year old, children should be fed whole cow’s milk, water, and healthy food. Thus, the complaint says, the similarity of the two products encourages “ill-advised nutritional purchasing decisions.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Target Toddler Next Stage Formula Difference from Infants Formula Complaint

November 15, 2020

Target Corporation makes baby and toddler formula. At issue in this class action is its Toddler Next Stage, Milk Drink Powder formula. The complaint alleges that this formula’s name is deceptive and misleading for a number of reasons, in part because it “does not state, in clear terms, what it is in a way that distinguishes it from different foods such as its similar infants formula.

Target Toddler Next Stage Formula Difference from Infants Formula Complaint

Case Event History

Target Toddler Next Stage Formula Difference from Infants Formula Complaint

November 15, 2020

Target Corporation makes baby and toddler formula. At issue in this class action is its Toddler Next Stage, Milk Drink Powder formula. The complaint alleges that this formula’s name is deceptive and misleading for a number of reasons, in part because it “does not state, in clear terms, what it is in a way that distinguishes it from different foods such as its similar infants formula.

Target Toddler Next Stage Formula Difference from Infants Formula Complaint
Tags: Deceptive Advertising, Deceptive Labels, Toddler Formula