fbpx

Tugaboos Toddler Beginnings Formula Misleading Labeling Class Action

Rite Aid Corporation sells an infant formula with iron called Tugaboos Toddler Beginnings that it advertises as intended for children between nine and eighteen months old. Product descriptions are supposedly to accurately represent the nature of a food or drink, but the complaint for this class action alleges that the labeling of this formula mislead consumers because it is not an appropriate choice for children in the transition stage between formula (or breast milk) and a regular diet.

Two classes have been defined for this action:

  • The New York Class is all persons in New York who bought the Toddler Beginnings product during the applicable statute of limitations.
  • The Consumer Fraud Multi-State Class is all persons in North Dakota, Virginia, Kansas, and Wyoming who bought the Toddler Beginnings product during the applicable statutes of limitations.

In addition to the Toddler Beginnings formula, Tugaboos also has an Infant Formula. The two cannisters have very similar designs. Their descriptive names are very similar: The Infant product is Infant Formula With Iron—Milk-Based Powder, while the Toddler Formula at issue in this case is Infant Formula With Iron—Milk-Based Powder.

The complaint’s first objection to the product concerns the fact that products’ names are supposed to tell consumers how they differ from other products. The complaint alleges that the Toddler Beginnings descriptive name does not tell caregivers how it differs from the similarly-described Infant Formula, even though the differences are significant.

It’s true that consumers expect there to be a difference—that the product should be appropriate for the toddler stage of development. The complaint alleges that “a study of caregivers’ understanding of transition formula labeling concluded that 52% expected these products to ‘give toddlers nutrition that they wouldn’t get from other sources.”

But the complaint charges that that’s not the difference between the Tugaboos Infant and Toddler Formulas. In fact, the complaint claims, “Health authorities recommend transitioning children from formula to cow’s milk, water and other healthy foods.” But the complaint alleges, “Compared to cow’s milk, recommended by global health authorities, the Toddler Beginnings Product contains less protein, more sugar (carbohydrates) and more fat.”

This is particularly egregious, the complaint claims, because all child nutrition experts are against giving children added sugars in their food between twelve and twenty-four months.

The product is not cheap; the complaint estimates the cost at $17.99 for 20 ounces, while it estimates the price of whole cow’s milk in New York City at $4 per gallon. The complaint contends, “This means the Toddler Beginnings Product is several times the cost of the recommended alternative and nutritionally superior choice of whole cow’s milk.”

The complaint also claims that the representation that Toddler Beginnings is “Non-GMO” is misleading because the product is made from dairy ingredients from cows that have been fed genetically-modified feed.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Tugaboos Toddler Beginnings Formula Misleading Labeling Complaint

November 25, 2021

Rite Aid Corporation sells an infant formula with iron called Tugaboos Toddler Beginnings that it advertises as intended for children between nine and eighteen months old. Product descriptions are supposedly to accurately represent the nature of a food or drink, but the complaint for this class action alleges that the labeling of this formula mislead consumers because it is not an appropriate choice for children in the transition stage between formula (or breast milk) and a regular diet.

Tugaboos Toddler Beginnings Formula Misleading Labeling Complaint

Case Event History

Tugaboos Toddler Beginnings Formula Misleading Labeling Complaint

November 25, 2021

Rite Aid Corporation sells an infant formula with iron called Tugaboos Toddler Beginnings that it advertises as intended for children between nine and eighteen months old. Product descriptions are supposedly to accurately represent the nature of a food or drink, but the complaint for this class action alleges that the labeling of this formula mislead consumers because it is not an appropriate choice for children in the transition stage between formula (or breast milk) and a regular diet.

Tugaboos Toddler Beginnings Formula Misleading Labeling Complaint
Tags: Deceptive Advertising, Deceptive Labels, Toddler Formula