Editorial

PBM Products wins $13M Lawsuit vs Mead Johnson.

If you are a parent that formula feeds your baby, and you’re looking for ways to save money in 2010… then listen up.

As I’ve posted before, I used Parent’s Choice infant formula when my girls were babies. We saved so much money, and were very pleased with how our girls did with it. I know there is some debate among consumers about whether or not store brand infant formula is just as good as the national name brands, and something happened last month that should let anyone who has thought about switching to store brand formula put their mind at ease.

Early December, Federal Court found store brand formulas to be nutritionally equivalent to and confer the same developmental benefits as the more expensive national name brands. This is a huge deal! PBM Products, LLC, the parent company to many store brand infant formulas, such as Parent’s Choice (Walmart), as well as Target, Sam’s Club, Kroger, Walgreens, and several other retailers, filed it’s 3rd law suit against Mead Johnson & Co. (Enfamil) several months ago, claiming that Mead Johnson engaged in false and misleading campaigns against PBM’s store brand infant formulas, suggesting that they do not provide the same nutrition as Mead Johnson’s brands. US District Court Judge James R Spencer (and jury of the people) awarded PBM Products, LLC $13.5 million in damages, one of the largest damages awards ever for a false advertising campaign.

“This decision by a jury of the people confirms that Mead Johnson’s ads have been false in suggesting that there is a nutritional difference between our store-brand formula products and their products, when in fact the only major difference is price,” said PBM CEO Paul B. Manning.  “Despite Mead Johnson’s scare tactics, parents are assured that PBM’s formula products are as high quality and nutritious as Mead Johnson’s.”

Judge Spencer’s written rulings permanently enjoined Mead Johnson from making any false statements concerning PBM’s infant formula, including the claims Mead Johnson previously made in Enfamil advertising that “It may be tempting to try a less expensive store brand, but only Enfamil LIPIL is clinically proven to improve brain and eye development,” and “there are plenty of other ways to save on baby expenses without cutting back on nutrition.”  The Court also ordered Mead Johnson to retrieve from the public domain all advertising or promotional materials containing these or any other false claims about PBM’s store brand infant formula.

The details of the decision and the complaint are posted online in full at:

What Mead Johnson’s ad did was pretty surprising. PBM’s claim focused on Mead Johnson’s direct mailing to more than 1.6 million parents of an alarming blurry picture of a child’s cartoon duck next to a clear picture of the same image which suggested that anything other than the Enfamil LIPIL® blend of ingredients is inferior and will result in poor eye and brain development.  Other parts of the false advertising campaign consist of statements that only Enfamil LIPIL has been proven to confer visual and mental benefits on infants, and store-brand formulas are a “cut-back in nutrition” compared to Enfamil.

PBM successfully argued that these advertisements were false and misleading especially since PBM store- brand infant formulas have the same nutrients at the same levels as Enfamil.  PBM infant formulas are formulated to contain DHA and ARA, and are sourced from the same supplier in amounts which equal or exceed the DHA and ARA in Mead Johnson’s Enfamil LIPIL®.

So there you have it… There is no such thing as a “generic” infant formula, there are no substandard infant formulas. Just because they cost less doesn’t mean they’re not as good! Store brand formulas are an excellent way to save money for other important baby items! Even though my girls are way out of the infant formula stage, we still buy other Parent’s Choice items when needed. I still check the labels, and still see the same nutritional facts, and ingredients lists when I compare. It’s pretty much an easy decision. Save up to 50%, and still give your baby the nutrition they need!

For more information, or to read theofficial Press Release from PBM Products, LLC go to http://www.pbmproducts.com/press.aspx?ID=310

For more information about Parent’s Choice infant formula: http://www.parentschoiceformula.com

**Disclaimer: I work with PBM as a Social Media Consultant, this post was not solicited. Opinions are 100% mine. I did use Parent’s Choice and write based on my personal experience with the product.

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