Gerber Settlement Resolves Class Action Lawsuit Over Infant Formula False Advertising Allegations

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A settlement has been reached that, if approved by the court, will resolve two proposed class action lawsuits over Gerber Products Company’s alleged misrepresentations that its Good Start Gentle infant formula was FDA-endorsed and could reduce the risk of a baby developing allergies.

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The proposed class action settlement aims to cover all consumers who purchased Gerber’s Good Start Gentle infant formula in New York or Florida between October 10, 2011 and April 23, 2016 for purposes other than resale. This does not include those who received formula via the government WIC program, the settlement agreement notes.

If the deal is approved, class members who submit a timely, valid claim form may be eligible to receive a Gerber settlement cash payout, the agreement shares.

Related Reading: Gerber Hit with Lawsuit Over False Allergy Claims on Infant Formula

Per court documents, class members in Florida who do not provide proof of purchase may receive $3 per unit purchased, up to a maximum of five products. Florida consumers with proof of purchase can claim up to 20 units, or a $60 total recovery, the agreement says.

According to the settlement agreement, class members in New York without proof of purchase may be eligible to receive $4 per unit claimed, capped at five items, while residents who provide proof of purchase may claim up to 20 units, for an $80 total payment.

The agreement adds that class members may file a claim for a combination of purchased products with and without proof for up to a total of five products.

Court documents state that consumers will be able to submit a claim form by mail, via email or online through the official settlement website once it is established.

ClassAction.org will update this page if and when the official Gerber infant formula settlement website is launched.

Nearly a decade after the initial lawsuit was filed against Gerber, the plaintiffs submitted an unopposed motion and attendant memo detailing the terms of the settlement on March 5, 2025. It is now up to the court to decide whether to grant preliminary approval to the Good Start Gentle settlement terms.

The plaintiffs’ memo shares that notice of the Gerber settlement will be issued to eligible class members within 30 days following preliminary approval of the deal.

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