Burt’s Bees Infant Formula Makes Fewer Bottles Than Promised, Class Action Claims

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The maker of Burt’s Bees “Ultra Gentle,” “Infant Milk” and “Sensitive” infant formulas faces a proposed class action that claims consumers are getting short changed on the number of bottles they can make from each 34-ounce container.

The 17-page suit says that although the label of Burt’s Bees Ultra Gentle formula, for example, promises that a container “Makes 63 4 Fl Oz Bottles,” a consumer who follows the mixing instructions on the back-label feeding chart would be able to make only 56 four-ounce bottles, a nearly 12 percent difference. 

According to the filing, consumers are “unlikely to notice the discrepancy” given baby formula is normally used over the course of several days or weeks.

Overall, defendant Perrigo Company’s claims as to how many bottles each 34-ounce container of Burt’s Bees formula can make are “false or misleading” in light of the dilution instructions included on the back of each label, the case contends.

According to the lawsuit, the label on a 34-ounce container of Burt’s Bees Ultra Gentle promises that the contents therein can make 63 four-fluid-ounce bottles. To make a four-fluid-ounce bottle, a consumer is instructed to start with four fluid ounces of water and then, using the enclosed scoop, add “2 unpacked level scoops (17.2g)” of formula powder, the case says. 

However, following Perrigo’s instructions will yield only 56 four-fluid-ounce bottles, not 63, meaning a consumer can make only roughly 88 percent of the bottles they were promised, the case claims. 

Ultimately, the values of the “under-filled” Burt’s Bees infant formulas at issue are not what Perrigo represents, the suit argues. 

“Like other consumer Class members, Plaintiff bargained with Perrigo on a particular market value for a certain number of bottles of infant formula made by mixing the powder with water as instructed. But because Perrigo only delivered a portion of those bottles, Plaintiff paid a price-per bottle that was significantly higher than reflected in the market price to which she and Perrigo agreed, and received an amount of bottles that was lower than Perrigo promised. For these reasons, the Powder Formulas Plaintiff purchased were worth less than what she paid for them.” 

Per the suit, the Burt’s Bees formula “cost more than similar products without misleading labeling.” The case contends that Perrigo has been able to “evad[e] review” of the allegedly misleading labeling given formula is only needed for the first year of a child’s life, after which many consumers are no longer in the market for Burt’s Bees formula. 

“The duration of the harm to Plaintiff and other Class members is too short to be fully litigated before the harm ceases and there is a reasonable expectation that the harm will occur again if Perrigo remains free to market the Burt’s Bees Formulas as capable of making more bottles than each package actually makes when following the on-label instructions for preparing formula,” the filing says. 

The suit looks to represent all consumers who, on or after September 6, 2018, purchased in California Burt’s Bees Ultra Gentle, Infant Milk or Sensitive powder infant formulas in a container whose packaging stated that the product could make any specified number of bottles. 

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