PBM Nutritionals has agreed to pay $2 million to resolve allegations that its infant formula, sold under brands such as Burt’s Bees Baby, Member’s Mark and Up & Up, does not make as many servings as advertised. Class Members do not need proof of purchase to file a claim.
The settlement benefits a national class of consumers who purchased Well Beginnings, Meijer Baby, Little Journey, Wesley Farms, Burt’s Bees Baby, Berkley Jensen, Parent’s Choice, Earth’s Best Organic, Comforts, Up & Up, Babies “R” Us, Member’s Mark or Bobbie Baby brand infant formula between January 1, 2017 and July 21, 2022. A complete list included products is available on the settlement website.
PBM Nutritionals is an infant formula manufacturer. The company sells infant formula under many brands at retailers such as Walmart, Target and Walgreens.
According to a class action infant formula sold under the PBM brand names is deceptively marketed as capable of producing an inflated number of servings. The plaintiffs in the case claim that each product can make 7.9% to 12.1% fewer servings than stated on the product’s packaging.
“Contrary to these depictions, however, the products contain nowhere near enough powdered baby and infant formula to make the depicted number of bottles of formula by following the feeding chart on the back labels of the products,” claims the Infant formula class action lawsuit.
Consumers say they were hurt by this marketing because they would have paid less for formula products if they had known the truth about how many servings each container would serve.
PBM did not admit any wrongdoing, but agreed to pay $2 million to resolve these allegations.
Under the terms of the settlement formula, group members may receive a cash payment based on the number of products they purchased during the group period.
Without proof of purchase, band members can claim up to five units at the rate of $2 per unit, for a maximum payout of $10.
With proof of purchase, band members can claim up to 15 units at the same rate of $2 per unit, for a maximum payout of $30.
PBM will also be making labeling changes to its Well Beginnings, Meijer Baby, Little Journey, Wesley Farms, Burt’s Bees Baby, Berkley Jensen, Parent’s Choice, Earth’s Best Organic, Comforts, Up & Up, Babies “R” Us, Member’s Mark and Bobbie. Baby labels to better inform customers of the service capabilities of each container.
The exclusion and objection deadline is October 18, 2022.
The final approval hearing for the formula settlement is scheduled for October 26, 2022.
In order to receive a settlement payment, Class Members must submit a valid Claim Form by October 26, 2022.