CVS Health Toddler Beginnings Formula Falsely Marketed, Class Action Alleges

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CVS Pharmacy, Inc. faces a proposed class action that alleges the branding of its Toddler Beginnings Infant Formula with Iron is misleading in that it is “confusingly similar and identical” to that of its trusted infant formula, which is designed for children between zero and 12 months old.

The 25-page lawsuit says that although the Toddler Beginnings label is essentially identical to the packaging design of CVS’ infant formula, the toddler formula, intended for children between nine and 18 months old, is neither regulated nor federally approved in the same way that infant formula is.

The suit argues that the similar labeling format, images, design, font, claims, graphics and nutrition facts panel used for the CVS Health Toddler Beginnings formula is an attempt by CVS to have the product “ride the coattails of the carefully regulated and trusted infant formula” as a way to increase sales.

According to the suit, companies such as CVS have attempted to capitalize on consumers’ trust and acceptance of infant formulas as an alternative to breastmilk by marketing so-called “transition formulas” like Toddler Beginnings as nutritionally appropriate for children older than 12 months. The case alleges, however, that the Toddler Beginnings product is not as healthy and five times more expensive than recommended foods for toddlers, such as whole cow’s milk.

As the case tells it, pediatric health experts generally agree that the nutritional needs of a child older than 12 months should be met with a balanced diet of whole cow’s milk, water and “healthy whole foods.”

According to the case, the defendant’s labeling of its Toddler Beginnings product in a similar manner to its infant formula—including by using a similar label design, name and nutrition facts label—is misleading to consumers in that “it gives caregivers the impression that the Product, like infant formula, is subject to heightened and specific FDA regulations.”

In truth, the suit alleges, the Toddler Beginnings formula is nutritionally inferior to recommended alternatives, such as cow’s milk. Per the case, the formula contains added sugar in the form of corn syrup and lactose even though child nutrition experts “universally oppose” the consumption of added sugar by children in the 12- to 24-month age range.

Moreover, the lawsuit claims that the Toddler Beginnings product contains more calories, fat and sugar and less protein than whole cow’s milk, which is recommended by global health authorities and more than five times cheaper than the defendant’s formula.

All told, the case contends that CVS’s labeling of its Toddler Beginnings formula has caused “prolonged use of expensive, re-branded, infant formula” instead of the transition of children to a diet of cow’s milk, water and other healthy foods.

The lawsuit further claims that the “Non-GMO” label on the defendant’s product is misleading in that it mimics the verification of the independent Non-GMO Project, which prohibits the use of genetically modified organisms in the feed given to animals that produce the milk used in dairy products. Although the defendant’s self-bestowed non-GMO mark notes that the product’s ingredients are not genetically modified, the nonfat milk and lactose used in the formula may have come from cows who were fed GMO grains, the case alleges.

“Defendant’s mark tells the ‘half-truth’ that while the Product may not be made directly with genetically modified or engineered ingredients, GMOs were used only one level back in the food production process,” the complaint states.

Per the case, the defendant has included the Non-GMO claim on its product labels to appeal to consumers’ trust of and familiarity with the Non-GMO Project seal “and does not expect them to realize there is a difference.”

Lastly, the lawsuit challenges the CVS’ description of its Toddler Beginnings formula as a “milk-based powder,” claiming the phrase is misleading because the product uses nonfat milk instead of whole milk and substitutes vegetable oils for milkfat. Per the case, vegetable oils are a cheaper and less nutritious alternative to milkfat, which the suit says is “essential to child development.” The suit claims consumers have paid more than they otherwise would have for the formula based on the allegedly misleading “milk-based powder” description.

The lawsuit looks to represent anyone in Illinois, Iowa, Louisiana, West Virginia, Michigan, Texas, Arkansas, Virginia and Oklahoma who purchased the CVS Health Toddler Beginnings formula within the relevant statute of limitations period.

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