Gerber Escapes False Ad Suit Over Probiotic Claims

Law360, New York (August 26, 2013, 1:51 PM EDT) -- A New Jersey federal judge on Friday tossed a consolidated proposed class action accusing Gerber Products Co. of falsely advertising its baby probiotics products, finding the plaintiffs only have standing to challenge the labeling but made much broader claims.

The five consolidated suits alleged Gerber’s Good Start Protect Infant Formula, Good Start Protect Formula for 9 through 24 months and DHA & Probiotic Cereal Single Grain Oatmeal and Rice varieties do not provide the advertised immune system benefits and are not equal to breast milk in...
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