Gerber Good Start off to a bad start in false advertising/allergy case

Hasemann v. Gerber Products Co., 2019 WL 1434263, Nos. 15-CV-2995 (MKB) (RER), 16-CV-1153 (MKB) (RER), 17-CV-93 (MKB) (RER) (E.D.N.Y. Mar. 31, 2019)Hasemenn  alleged that Gerber misrepresented that its “Good Start Gentle” infant formula was the first and only formula that reduces the risk that infants will develop allergies, and that GSG was the first and only infant formula that the FDA endorsed to reduce the risk of infants developing allergies.  Here, the court certified Florida and New York subclasses and denied certification of the North Carolina and multistate subclasses.Brief background: in 2005, Gerber petitioned the FDA for approval of a qualified health claim for GSG. The FDA rejected this in 2006 concluding that there was “no credible evidence to support the qualified health claim relating consumption of 100 percent partially hydrolyzed whey protein in infant formula to a reduced risk of food allergy.” Gerber tried again in 2009 with…

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