Similac Lawsuit Says Go & Grow 360 Total Care Toddler Drink Labeled With Health Claims Prohibited by FDA

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A proposed class action lawsuit alleges the labels of Similac Go & Grow 360 Total Care toddler drinks display nutrient content claims that are prohibited by the United States Food and Drug Administration (FDA).

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The 30-page false advertising case against manufacturer Abbott Laboratories says the Similac Go & Grow beverage at issue is misbranded and that the improper nutrient content claims on product labels mislead consumers into believing the drink provides physical health benefits for children younger than two.

In truth, the complaint says, the Similac Go & Grow toddler drink is “harmful both nutritionally and developmentally” for children under two given that it contains four grams of added sugars and fails to address the need for toddlers to develop healthy eating habits and fine motor skills.

“By making nutrient content claims on its packages’ front labels, [Abbott Labs] mislead[s] consumers into believing that foods for children under two should be purchased based on the quantities of the listed nutrients, when other considerations are just as, or more, important,” the filing contends.

Food and Drug Administration regulations expressly prohibit nearly all nutrient content claims on product labels for foods intended for children under the age of two, including both direct and implied claims about the levels of specific nutrients in the food, the suit states. The FDA specifically regulates nutrient content claims that use the terms “more,” “added,” “plus,” or synonyms of those words to describe the level of a nutrient in a food, the case relays.

The filing says that when a nutrient content claim is based on a nutrient that has been added to a food, the food must comply with the FDA’s fortification policy, which allows for the fortification of foods under specific circumstances, including to correct a scientifically recognized dietary insufficiency, to restore nutrients lost to storage or processing, and to balance vitamin, mineral and protein content, among other reasons.

According to the complaint, the impermissible nutrient content claims on the Similac Go & Grow beverage include the statement that “2 Servings have: 28 Important Nutrients for Growth and Development”; claims regarding immune support, brain development, digestive health and prebiotics; and claims about the product containing at least 40 percent of the daily value of iron, calcium and vitamins C, D and E.

“Foods intended for children less than two are prohibited from making such nutrient content claims,” the case summarizes.

As the lawsuit tells it, Abbott Labs’ labeling of Similac Go & Grow toddler drinks capitalizes on the concerns described by the American Academy of Pediatrics in a 2023 clinical report about the “lack of standardization in nomenclature and composition as well as questionable marketing practices” for products aimed at older infants and toddlers six to 36 months old. The AAP wrote that the marketing of products for this age group is often rooted in “vague concerns parents have that their child is not getting some needed micronutrients,” the case says, accusing Abbott Labs of “echoing the nutritional concerns of parents” by filling the Similac Go & Grow label with “vague buzzwords, claims, and graphics regarding growth, development, immune support, brain development, and digestive health.”

The case alleges the defendant intends to “induce and mislead consumers into purchasing their Product for fear that a diet without the Product is nutritionally inadequate for their toddlers.”

The suit goes on to mention that the drink is sold in the baby food aisle at grocery stores, next to or near infant formulas.

The Similac Go & Grow lawsuit looks to cover all individuals in California who bought the product between 2021 and the present.

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