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Enfamil Infant Formulas Face Consumer Fraud Class Action Lawsuit

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New York, NY:The makers of Enfamil infant formula are facing a federal consumer fraud class action lawsuit over allegations they falsely advertise that Enfamil and other formulas contain prebiotics that provide immunity-related health benefits for babies and young children.

The lawsuit, Shenique Route v. Mead Johnson Nutrition Company d/b/a Mead Johnson & Company, LLC, Case No. 12-cv-7350, U.S. District Court, Central District of California, claims that Mead Johnson & Co. mislabel the products and that they do not support a baby' developing immune system as advertised.

The Enfamil class action lawsuit takes aim at misleading statements made on the product labels for Enfamil Premium Newborn formula, Enfamil Premium Infant formula, Enfamil A.R. for Spit-Up Infant formula, and Enfagrow Premium Older Toddler Vanilla Milk Drink products. In particular, the lawsuit takes issue with the claims they contain "Natural Defense Dual Prebiotics"and that they "act like breast milk."

Specifically, the class action lawsuit states: "Enfamil' 'Natural Defense Dual Prebiotics' do not provide health benefits as represented and certainly are not 'proven' to do so. Moreover, there is not competent and reliable scientific evidence supporting the Misrepresentation, and any purported link between immune response and prebiotics in the Mislabeled Products is entirely speculative."

The lawsuit claims, "experts agree that breast milk is immeasurably superior to baby formula in terms of infant nutrition and other health benefits. Therefore, it is misleading for Defendant to advertise the Mislabeled Products as similar to breast milk when formula cannot provide anywhere near the level of benefits provided by breast milk."

The Enfamil class action lawsuit is brought on behalf of all U.S. consumers who purchased the mislabeled Enfamil products listed above for personal or household use. It is seeking damages, restitution and more for several alleged violations, including violation of California' False Advertising Law, Unfair Competition Law, and breach of express and implied warranties. The Plaintiff is represented by the law firm Bursor & Fisher, P.A.

Enfamil Infant Formulas Consumer Fraud Lawsuit Legal Help

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Reader Comments

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My little girl was diagnosed with acid reflux at 2 months old due to projectile vomiting. She often got diarrhea and she was on enfamil infant and then enfamil AR, she still has bouts with vomiting at almost 2. She had a few colds as an infant, ear infections, and stomach viruses.

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