Gerber Fails to Defeat False Ad Claims Over Infant Formula

Gerber Products Co. failed to convince a federal judge that no reasonable consumer would be misled by advertisements for its “Good Start Gentle” baby formula that say the product could reduce the risk of allergies.

The US District Court for the Eastern District of New York on Monday denied Gerber’s summary judgment motion and denied plaintiff parents’ partial summary judgment motion on whether the advertisements were false.

The parents targeted advertisements between 2011 and 2013 that said GSG reduced the risk of infants developing allergies. The plaintiffs claim the Gerber label implied an endorsement from the Food and Drug Administration ...