Walmart’s Parent’s Choice Pediatric Shakes
January 2020: A federal judge granted in part and denied in part Walmart’s motion to dismiss. The judge dismissed claims based on the “Naturally Flavored” label concluding that the claims are preempted by federal regulations, and the claims based on “Balanced Nutrition to Help Kids Thrive” label concluding that plaintiffs did not plausibly allege that Walmart misled consumers. The judge denied the motion to dismiss claims based on the “No Synthetic Color, Flavor, or Sweetener” label.
April 2019: A class-action lawsuit was filed against Walmart for allegedly misleadingly marketing its Parent’s Choice Pediatric Shake as being “Naturally Flavored” and containing no “Synthetic Color, Flavor or Sweeteners” when, according to plaintiffs, the shakes contain unnatural and synthetic ingredients, as well as sweeteners and sugars. Plaintiffs also claim that the shakes are marketed as providing “Balanced Nutrition to Help Kids Thrive” when, according to plaintiffs, they do not contain the nutrients that children need. (Morris et al v. Walmart Inc. f/k/a Wal-Mart Stores, Inc., Case No. 19-cv-650, N. D. Ala.)