Earth's Best: Baby and Toddler Food Products
|Food and Beverage Labeling|
Intending to profit from parents’ increasing desire to purchase healthy food for their children under the age of 2, Defendant misbrands its baby and toddler food products by making nutrient content claims on the product packages, such as "3 grams of protein" or "excellent source of iron," that are strictly prohibited by the Food and Drug Administration (“FDA”), and by misleading purchasers into believing that its products are healthier than other products for children under two years of age.
Our lawsuit seeks refunds for all purchasers of Earth's Best Baby and Toddler food products that have labels with express nutrient claims. It also seeks an injunction preventing further false advertising.
This case was filed in the United States District Court, Northern District of California on January 26, 2022. Plaintiff filed an amended complaint June 2, 2022. Defenant moved to dismiss Plaintiff's first amended complaint, and the Court denied in part. Plaintiffs filed a second amended complaint. Defendant again moved to dismiss and Plaintiffs opposed. The court heard oral arugment on the motion in January 2023 but it has not yet issued an order on the motion.
Who is Covered:
All persons in the State of California who purchased the Products between January 26, 2018 and the present.
|2022-01-26||Class Action Complaint|
|2022-04-04||Plaintiffs' Opposition to Defendant's Motion to Dismiss|
|2022-06-02||First Amended Class Action Complaint|
|2022-07-29||Plaintiffs' Opposition to Defendant's Motion to Dismiss First Amended Complaint|
|2022-10-19||Order re Motion to Dismiss|
|2022-11-02||Second Amended Class Action Complaint|
|2022-12-07||Plaintiffs' Opposition to Defendant's Motion to Dismiss Second Amended Complaint|