Store Brand Infant Formula Supplier Wins Lawsuit Against Mead Johnson & Co.

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December 9, 2009

A jury awarded store-brand infant formula supplier, PBM Products, $13.5 million in damages stemming from a lawsuit it filed against national brand competitor Mead Johnson & Co. for engaging in false and misleading advertising.

PBM’s suit claimed advertising by Mead Johnson, maker of Enfamil Lipil Infant Formula, suggested that PBM’s store brands were nutritionally inferior to Mead Johnson’s brands, according to a report in Supermarket News.

The lawsuit centered around a direct marketing mailing that contained a blurry picture of a cartoon duck adjacent to a clear image of the duck and said, “It may be tempting to try a less expensive store brand, but only Enfamil Lipil is clinically proven to improve brain development.”

PBM’s formula contains DHA and ARA in amounts equal to or exceeding levels found in Mead Johnson’s Enfamil Lipil Formula, the company said in a statement. “It suggested that anything other than the Enfamil Lipil blend of ingredients is inferior and will result in poor eye and brain development,” according to PBM, which supplies formula to customers such as Wal-Mart, Sam’s Club, Target, Kroger, Walgreens.

Despite the jury’s decision, Mead Johnson stands by its messaging, stating: “While we respect the jury’s decision, we disagree with the interpretation of the facts,” said Chris Perille, spokesman for Mead Johnson. “While there are others that use the same ingredients, no other manufacturer to the best of our knowledge, has documented those benefits in published clinical studies.”

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