Gerber Graduates Puffs and Gerber Graduates Organic Puffs
September 2016: A federal judge dismissed the Savalli action finding that the marketing identified the characterizing flavor of “Puffs” in a way that is allowed by federal law. The judge gave plaintiffs until October 12, 2016 to file an amended complaint curing the defects.
November 2015: The Gyorke-Takatri action was remanded to state court because the company did not show that the amount in controversy is more than $5 million, as required for the federal court to have jurisdiction.
July 2015: Two class-action lawsuit were filed against Nestle USA for allegedly deceptively marketing Gerber Graduates Puffs and Gerber Graduates Organic Puffs as containing fruits and vegetables when, in reality, the puffs contain only small amounts, if any, of the fruits and vegetables. For example, the Sweet Potato flavor contains less than 2% of sweet potato and the Banana flavor does not contain any banana at all. For more information about each lawsuit, click on the case information below.
- Gyorke-Takatri et al v. Nestle USA, Inc. et al, Case No. 15-cv-3702, N. D. CA.
- Savalli et al v. Nestle USA, Inc. and Gerber Products Company, Case No. 15-cv-61554, S. D. FL.
For more information about other class-action lawsuits regarding Gerber products and TINA.org’s coverage of them, click here.
When a complaint is dismissed with prejudice, it cannot be refiled.