PediaSure, Similac Class Action Lawsuit Claims Abbott Lied About Infant Formula Nutritional Value

The manufacturers of Similac and PediaSure face a class action lawsuit from parents alleging that their “toddler milk” products, marketed as essential for children over one year old, are nutritionally unnecessary and exploit parental concerns about child development.

The complaint (PDF) was filed by Max Ulrich and Ryan Schavrien in the U.S. District Court for the Northern District of California on December 26, naming Abbott Laboratories as the defendant, and seeking class action status to represent purchasers of PediaSure and Similac nationwide.

Specifically, the claim notes that the products at issue are Similac “Go & Grow” and PediaSure “Grow & Gain,” which are both marketed toward toddlers 12 months old or older. While the U.S. Food and Drug Administration has established nutritional and labeling standards for infant formula, these regulations apply only to products intended for children under 12 months of age.

Plaintiffs argue that this results not only in children consuming products of questionable nutritional value, but also states that Abbott Laboratories adds sugar and other unhealthy ingredients in its toddler milk products.

The lawsuit comes as Abbott already faces a growing number of Similac lawsuits over claims that the products increase the risk of premature infants developing necrotizing enterocolitis (NEC), which is a devastating condition that occurs when an infant’s intestinal tissue becomes inflamed and dies, resulting in the need for emergency surgery and often ending in the infant’s death.

This latest toddler milk class action lawsuit accuses Abbott Laboratories of taking advantage of parents’ desire to provide healthy food options for their children, but as a result, pulls them away from breast milk and other options scientifically proven to be nutritional.

“To convince parents that ‘toddler milk’ was a legitimate and beneficial product, manufacturers marketed it in the same way as they had marketed infant formula before the FDA stepped in: as a healthy choice. That false marketing continues today, unchecked,” the lawsuit states. “The drinks’ primary ingredients—sugar, corn syrup, vegetable oils, and highly processed carbohydrates—render Abbott’s health marketing claims dangerously false. While this is true for all children Abbott targets, it is particularly egregious for children under the age of two, given the medical consensus that children this young should not consume any added sugars.”

The lawsuit claims Abbott places false and misleading claims on the very front labels, intentionally misrepresenting the nutritional value of the products to parents.

These misleading statements include claims about the products’ nutritional value, and the alleged support of pediatricians, according to the complaint. It notes that pediatricians have primarily placed breast milk far above toddler milk products in nutritional value.

Although neither Ulrich nor Schavrien claim their children were harmed by Similac or PediaSure, they state that they would not have repeatedly purchased the products over the years had the labeling and advertising been truthful.

The two men present claims of breach of warranty, unjust enrichment and violations of California advertising, consumer legal remedy and unfair competition laws. They seek compensation for themselves and other parents or caregivers who purchased either product.

Numerous studies have highlighted the importance of breastfeeding or human milk products for babies, which have been found to deliver the necessary nutrients a newborn needs to thrive, provide some key immunities already developed by the mother, and help the infant’s digestive tract develop. However, research has also regularly shown cow’s milk-based baby formula products do not confer the same benefits as breastfeeding.