Enfamil Infant Formulas Falsely Advertised as ‘Milk-Based’ Powders, Class Action Alleges

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A proposed class action alleges Mead Johnson & Company’s characterization of its Enfamil infant formulas as “milk-based powders” misleads consumers into believing the products’ primary ingredients are milk-based.

The 29-page lawsuit in California alleges that since the primary ingredient of the powdered Enfamil products at issue—which include Enfamil Gentlease, Enfamil Enspire Gentlease, Enfamil NeuroPro Gentlease and Enfamil NeuroPro Sensitive Infant Formula—is actually corn syrup solids, and not “milk-based powders,” Mead Johnson & Company’s marketing and advertising for the items is false and deceptive.

[Be sure to scroll down to see the complete list of Enfamil products mentioned in the lawsuit.]

According to the complaint, Mead Johnson & Company’s “milk-based” claim is aimed at parents looking to provide their infants with a “superior form of nutrition” by way of a milk-based product, as opposed to one made with less-nutritious ingredients. The suit says that an infant who consumes 28 oz. of the Enfamil products at issue consumes “56 grams of corn syrup solids every day, which is more than the amount of a [sic] corn syrup in 16 oz. of Coca-Cola.”

“Plaintiff and other consumers purchased the Products because they reasonably believed – based on Defendant’s representations – that the primary ingredient in the Products is milk-based,” the case reads. “This is not unreasonable, given that many of Defendant’s competitor products, and other products in Defendant’s own product line, are milk-based when advertised as such.” 

Corn syrup solids, which the suit says are used as the primary ingredient and carbohydrate source in the Enfamil products in place of lactose, are made by removing most of the water from corn syrup, according to the filing. Whether it’s solid or liquid or contains added fructose, corn syrup is nevertheless an added sugar that could contribute to negative health effects, the suit relays, claiming there is a “strong financial incentive” for Mead Johnson & Company to use the cheaper, sweeter ingredient. 

The lawsuit contends that consumers would have paid less for the Enfamil products at issue, or would not have bought them at all, had they known their primary ingredient was not “milk-based powders,” and instead corn syrup solids. 

According to the case, the following Enfamil products are deceptively advertised as “milk-based powder”: 

• Enfamil NeuroPro Gentlease Infant Formula Tubs; 
• Enfamil NeuroPro Gentlease Infant Formula Super-Saver Refill Packs; 
• Enfamil NeuroPro Gentlease Infant Formula Sticks; 
• Enfamil NeuroPro Gentlease Infant Formula Ready To Use Liquid; 
• Enfamil Gentlease Infant Formula Cans; 
• Enfamil Enspire Gentlease Infant Formula Tubs; 
• Enfamil Enspire Gentlease Infant Formula Super-Saver Refill Packs; 
• Enfamil NeuroPro Sensitive Infant Formula Tubs; and
• Enfamil NeuroPro Sensitive Infant Formula Super-Saver Refill Packs. 

The case looks to cover consumers who bought any of the above-listed products in California within the applicable statute of limitations period.

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