Class Doubts Claims for Enfamil Baby Formula

LOS ANGELES (CN) - Mead Johnson Nutrition falsely advertises that Enfamil is the only baby formula with two drugs that promote brain and eye development in babies, a class action claims in Federal Court. It's the latest in a string of complaints accusing Mead Johnson of making false claims about Enfamil.

Lead plaintiff Michelle Weeks says that Mead claims Enfamil is the only baby formula that contains two types of fat - docosahexaenoic acid (DHA) and arachidonic acid (ARA) - which promote brain and eye development in infants.

But Weeks says at least five other baby formulas contain the same fatty acids, including Abbot Nutrition, Similac Advance, and generic brands for Target, Wal-Mart and Kohler.

Abbott complained about it, and in February this year the National Advertising Division found that Mead's fatty acid claims were "false and misleading," Weeks says in her complaint.

In April, PBM Products, which promotes Target, Wal-Mart and Kohler's store brands of baby formula, sued Mead for false advertising in Virginia Federal Court.

Those are just the latest complaints about Mead's false claims about its baby formula, Weeks says.

PBM sued Mead in 2000, saying it falsely claimed that PBM's formula contained less calcium and folic acid than pediatricians recommend.

In 2002, PBM sued again over Mead's claim that its product contained beneficial nucleotides that PBM's baby formula lacked.

In both cases, judges found for PBM and told Mead to refrain from making false claims in future advertisements, according to the latest complaint.

Weeks says Mead's false claims tricked her into buying more expensive baby formula than she otherwise would have bought. She seeks class and damages. Lead counsel is Alan Mansfield of the Consumer Law Group in San Diego.

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