Gerber Probiotics Products
November 2014: Plaintiffs filed an amended complaint (after having had several prior ones dismissed) alleging that Gerber misleadingly represents its products containing the probiotic bacteria Bifidus BL™ (including Good Start Protect Infant Formula. Good Start 2 Protect Formula, and DHA & Probiotic Cereal – Single Grain Oatmeal and Rice varieties) provide significant health benefits – such as strengthening and supporting the immune systems of young children – and “nutritional qualities that are nearly equivalent to those of breastmilk” without scientific evidence to support such claims.
August 2013: A federal judge dismissed a class-action lawsuit filed against Gerber Products Company for allegedly falsely advertising certain Gerber products (including Good Start Protect Infant Formula, Good Start Protect Formula for 9-24 months, and DHA & Probiotic Cereal – Single Grain Oatmeal and Rice Varieties). Specifically, the complaint, which was originally filed in 2012, claimed that Gerber advertised the products as providing immune system benefits and as “near equal to breast milk” when, according to the plaintiffs, the products do not provide the advertised benefits or “breast milk-quality nutrition.” The judge dismissed the lawsuit because the plaintiffs did not clarify which specific advertisements mislead them, or how such misrepresentations caused their injuries. The majority of the case was dismissed without prejudice, meaning the plaintiffs can re-file a complaint against Gerber if they choose to. (In Re Gerber Probiotic Sales Practices Litigation, Case No. 12-cv-00835, D. N. J.).
When a complaint is dismissed with prejudice, it cannot be refiled.