Gerber Can't Dodge Baby Formula False Advertising Suit

By Y. Peter Kang (June 19, 2015, 6:31 PM EDT) -- A California federal judge on Thursday denied a bid by Gerber Products Co. to toss a putative class action accusing the baby food maker of falsely advertising a baby formula product, ruling the court has proper jurisdiction over the case.

Plaintiff Oula Zakaria contends that Gerber misrepresented its Good Start Gentle product as helping to prevent infants from developing allergies, according to court documents.

In denying Gerber's motion for summary judgment, U.S. District Judge John A. Kronstadt shot down Gerber's argument that, under the primary jurisdiction doctrine, the court should defer to the U.S. Food and Drug Administration.

"The primary jurisdiction...

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