Similac Products Falsely Advertised as ‘Non-GMO,’ Class Action Alleges

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A proposed class action claims certain Similac products are misleadingly labeled as “non-GMO” in that they contain ingredients derived from genetically modified food sources.

According to the 50-page lawsuit, defendant Abbot Laboratories has sought to capitalize on consumers’ desire to avoid genetically modified organisms (GMOs) in their food by claiming on the labels of its Similac products that the baby formulas and powders are “non-GMO.” The case alleges, however, that although consumers understand the non-GMO claim to mean that the food is free of ingredients derived from genetically modified crops or sourced from animals that have not been raised on GMO feed, the Similac products are “loaded” with GMO ingredients.

Per the suit, the Similac products (which are listed at the bottom of this post) contain ingredients derived from genetically modified crops, dairy ingredients sourced from cows raised on GMO feed and “numerous” artificial ingredients that were genetically engineered in a laboratory.

“Accordingly, Defendant’s Non-GMO Claims are misleading and highly deceptive to reasonable consumers,” the complaint charges, claiming the public has been tricked into paying more for the Similac products than they would had the items not been advertised as non-GMO.

The case explains that GMOs are defined by the World Health Organization as “organisms in which the genetic material (DNA) has been altered in a way that does not occur naturally.” Per the suit, consumers have increasingly sought to avoid foods containing GMOs for reasons including health risks associated with genetically modified crops, a desire to avoid ingesting pesticides and other toxins, the promotion of sustainable living and local farming, and the negative environmental impact caused by growing genetically modified crops.

The lawsuit explains that in the context of food labels, the term “non-GMO” is generally understood to mean that the product does not contain any ingredients sourced from genetically engineered foods and methods or from animals that ingested GMO feed. Because 94 percent of the soybeans and 92 percent of the corn grown in the U.S. have been genetically modified, it is more than likely that any dairy products not certified as organic or labeled with a Project Non-GMO seal came from livestock that was fed genetically modified feed, the case argues.

The suit claims that despite being labeled “non-GMO,” the Similac products at issue contain whey-based protein sources and other dairy ingredients, including whey protein isolate, whey protein concentrate, cultured whey protein concentrate, milk, nonfat milk and lactose, derived from animals that were fed GMO crops.

Moreover, the lawsuit claims the Similac products contain various ingredients sourced from genetically modified crops, including citric acid, inositol, soluble corn fiber, soy lecithin, soy protein, soy protein isolate and soy oil, all of which are included on the Institute of Responsible Technology’s list of GMO ingredients.

The case alleges consumers have been misled by the “non-GMO” claim prominently featured on the front label of each Similac product and have paid more for the baby food products than they would have otherwise paid.

The suit looks to cover anyone in the U.S. who, within the applicable statute of limitations period, purchased any of the following products:

• Similac Pro-Advance Ready-to-Feed Infant Formula;
• Similac Pro-Advance Powder Infant Formula;
• Similac Pro-Advance Powder Infant Formula with Iron;
• Similac Pro-Sensitive Ready-to-Feed Infant Formula;
• Similac Pro-Total Comfort Ready-to-Feed Infant Formula;
• Similac Pro-Total Comfort Baby Formula;
• Go & Grow by Similac Toddler Drink Powder;
• Go & Grow by Similac Sensitive Toddler Drink for Lactose Sensitivity Powder;
• Pure Bliss by Similac Toddler Drink Powder;
• Similac For Supplementation Gentle Infant Formula Powder; and
• Similac For Spit-Up Easy-to-Digest Powder.

The plaintiff has reserved the right to add additional products to this list should more information become available as the lawsuit proceeds.

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