Dive Brief:
- The Federal Trade Commission has sued Gerber over what it says are false advertising claims involving its Good Start Gentle formula.
- Gerber ads suggest that the formula, made with whey proteins, can prevent a baby from developing allergies.
- Nestle S.A., Gerber's parent company, said it will fight the lawsuit and that it has "all legal requirements to make these product claims."
Dive Insight:
This is a tricky case. Gerber, Nestle, and the Food and Drug Administration apparently all agree that the use of the formula could, perhaps, prevent the onset of one particular allergic reaction - infant eczema - in some children. The FTC is arguing that Gerber's claims go well beyond what the FDA has agreed is possible, and the regulators have told the company to qualify them. It now appears likely that a court will have to decide.