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PBM Products wins false advertising lawsuit against Mead Johnson

12/2/2009

GORDONSVILLE, Va. PBM Products has received a favorable jury verdict and a $13.5 million damages award in its false advertising lawsuit against Mead Johnson, makers of the national-brand Enfamil Lipil Infant Formula, the company announced Wednesday.

PBM’s lawsuit claimed that Mead Johnson engaged in false and misleading campaigns against PBM’s competing store-brand of infant formulas, suggesting they did not provide the same nutrition as Mead Johnson’s brands.

“This decision by a jury of the people confirms that Mead Johnson’s ads have been false in suggesting that there is a nutritional difference between our store-brand formula products and their products, when in fact the only major difference is price,” stated PBM CEO Paul Manning.

The advertising claims at issue were: "It may be tempting to try a less expensive store brand, but only Enfamil LIPIL is clinically proven to improve brain and eye development," and "there are plenty of other ways to save on baby expenses without cutting back on nutrition."

PBM Products supplies store-brand infant formulas to Walmart, Sam's Club, Target, Kroger, Walgreens and other retailers.

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