Consumer Alleges “Milk-Based” Infant Formula Misleads

A plaintiff has filed a putative class action alleging that Mead Johnson & Co. markets its Enfamil infant formula products as “milk-based” despite containing corn-syrup solids as the primary ingredient. Martinez v. Mead Johnson & Co. LLC, No. 22-0213 (C.D. Cal., E. Div., filed February 2, 2022). The front-label packaging indicates that the product is a “milk-based powder,” the complaint asserts, but “corn syrup solids” is listed as first on the ingredient list on the back of the packaging. The plaintiff argues that added sugars are banned in infant formulas sold in Europe in favor of carbohydrates that come from lactose. “[C]onsumers are being deceived into believing they are receiving a milk-based, healthier formula for their infant when, in reality, they are feeding their baby a product where the primary ingredient is unhealthy corn syrup.” The plaintiff seeks damages, restitution, class certification, injunctive relief and attorney’s fees for alleged violations of California’s consumer-protection statutes.