Class Action Claims Similac Powder Formula Containers Don’t Make as Many Bottles as Advertised

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A proposed class action claims that following the mixing instructions on containers of Similac Powder Formula will not yield as many bottles as advertised.

The label on each container of Similac powder displays a “mixing guide” that purports to show how many four-ounce bottles of finished formula can be made when the consumer follows the provided water-to-powder ratios for each bottle size, the 20-page case states. The lawsuit contends, however, that this preparation information is false or misleading and that following the mixing guide will yield fewer bottles than the number defendant Abbott Laboratories promised. 

According to the case, Abbott Labs employs this practice on containers of Similac powder formula and a number of sub-brands, including Pro-Advance, Pro-Total Comfort, Pro-Sensitive, Advance OptiGRO, Sensitive OptiGRO, For Spit-Up In Healthy Infants OptiGRO, Organic, Organic Gentle with A2 Milk, NeoSure OptiGRO, Soy Isomil OptiGRO, Alimentum, and Pure Bliss Infant Formula with Iron.

As an example, the lawsuit states that a 20.6 oz container of Similac Pro-Advance powder is promised, according to its label, to make “37 [4 fl oz] bottles.” The mixing guide on the container says to measure four fluid ounces of water and add two scoops of unpacked, level powder using the enclosed scoop to make a “finished” four-fluid ounce bottle, the suit states. 

The complaint claims, however, that following these instructions will yield only 33.95 four-ounce bottles, not 37. Thus, the lawsuit alleges, consumers can make only roughly 91 percent of the bottles they were promised. 

According to the filing, Abbott underfills its containers of Similac powder formula by between 4.06 and 10.33 percent. 

Consumers, the case says, are unlikely to notice the discrepancy given the powder formula is typically used over the course of several days or weeks. Per the suit, larger containers of Similac are similarly mislabeled as far as their “mixing guide” instructions go. 

“For example, Abbott claims its 30.8 oz package of Similac Soy Isomil OptiGRO ‘MAKES 33 MORE 4 fl oz [bottles]’ ‘VS SIMILAC SOY ISOMIL 12.4 OZ POWDER.’ Following the dilution instructions set forth on the back panel, however, the additional powder provided in the 30.8 oz package— 521 grams—yields only 29.60 additional bottles as compared to the 12.4 oz package, more than 10% less than the promised 33 additional bottles. Thus, the value is not what Abbot represents.” 

The lawsuit argues that by representing the number of bottles each Similac container could supposedly make, Abbott Labs also implicitly represented the product’s value. According to the case, that representation was false given that each container is underfilled.

The lawsuit looks to represent all persons who, on or after July 5, 2018, bought in California for personal or household use Similac powder formula in a container whose label stated that the product could make any specified number of bottles. 

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