Class Action Lawsuit Claims Kendamil Toddler Drink Labeling Is Unlawful, Misleading

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A proposed class action lawsuit alleges Kendal Nutricare USA LLC has misled consumers about the health benefits of Kendamil toddler drink products and made unlawful nutrient content claims on the product’s labels.

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According to the 31-page fraud lawsuit, the labeling of the drink powder prominently represents the product as a “milk-based powder with iron” that contains various vitamins and nutrients. The label also features other “vague” claims about “immune support,” “brain health” and “growth,” the case relays. The suit contends that these nutrient content claims violate federal and state labeling laws and have deceived consumers into thinking the toddler “formula,” which is intended for children 12 to 36 months old, provides physical health benefits for children under two.

The case alleges that Kendamil is, in fact, nutritionally and developmentally harmful for children below age two, as toddlers at that age have unique dietary needs that are vastly different from those of other age groups. According to dietary guidelines established by the United States Department of Agriculture (USDA), the ideal diet includes nutrient-rich foods that expose children under two to new flavors and textures, the complaint says.

Per the filing, the USDA asserts that the “optimal diet for children under two also has to address needs beyond mere nutrition, such as developing neural pathways in the brain to establish healthy eating habits and developing gross and fine motor skills.”

In addition, the USDA’s dietary guidelines recommend that infants under two avoid added sugars entirely, the lawsuit shares, noting that the Kendamil toddler drink contains eight grams of added sugars.

Moreover, the suit charges that the toddler drink is misbranded under federal and state law because the labeling includes nutrient content claims, which are expressly prohibited by the U.S. Food and Drug Administration on foods intended for children under the age of two.

As a result of Kendal Nutricare’s allegedly unlawful and deceptive marketing, the company has been able to sell Kendamil toddler drink products at a premium price, the case asserts. Reasonable consumers would not have paid as much for the product or purchased it at all had they known it was misbranded, the complaint alleges.

The Kendamil toddler formula lawsuit looks to represent anyone in California who purchased the product at any time since 2021.

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