Plum Organics Baby, Toddler Food Pouches ‘Misbranded’ Under FDA Rules, Class Action Claims

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A proposed class action alleges certain Plum Organics baby and toddler foods are misbranded in that the pouches’ labels display nutrient content claims that are strictly prohibited by the Food and Drug Administration.

The 24-page case moreover alleges Plum Organics makers Campbell Soup Company and Sun-Maid Growers of California have deceived consumers by labeling the pureed products in a manner that leads buyers to believe they’re healthier than other toddler and baby foods made for children under two years old. The plaintiff, a Berkley, California resident, alleges the companies’ apparent misbranding of Plum Organics products has led consumers to pay a premium price on the basis of unapproved health claims. 

Per the complaint, Campbell Soup Company and Sun-Maid Growers of California, in an ever-expanding baby and toddler food industry, have turned to making nutrient content claims, such as, among others, “3g Protein,” “4g Fiber,” “7 Essential Nutrients,” “Good Source of Vit. C,” “Nutrient-Dense Blend,” “24 mg choline,” “200mg Omega-3 ALA from Chia” and “Mighty Protein & Fiber,” on the front of product labels. The companies’ advertising and label claims, according to the suit, are “unlawful, misleading, deceptive, and intended to induce consumers to buy the Products at a premium price” given they create the false impression that the toddler and baby foods will provide more nutrition benefits than those sold by competitors. 

Plum Organics pouches are labeled in this manner despite “a lack of evidence that an increased intake for the nutrients advertised are appropriate or recommended for infants and toddlers less than 2 years of age,” the case says. 

Under FDA nutrition content labeling regulations, “no nutrient content claims may be made on food intended specifically for use by infants and children less than 2 years of age,” subject to certain exceptions “not applicable here,” the lawsuit says. 

“The Products at issue in this case are intended for children 6 months and up,” the complaint states, alleging the labels of each of the Plum Organics products listed below contain impermissible express nutrient content claims:

The lawsuit looks to represent all persons in the United States who bought any of the above-listed products between May 27, 2017 and the present. 

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