Monday, May 16, 2011

Store Brand Baby Formula Wins a Final Round in Court

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Today, I’ve got some very interesting news that I’d like to share with all of our mommy and daddy readers out there. Actually, come to think about it, this is really good information for everyone, not just for parents out there. Remember me blogging me in the past about how store brand infant formula manufacturer (PBM Products Inc) took industry giant Mead Johnson to court over false advertisement claims? Well, they won but Mead Johnson went ahead to appeal the verdict.

Now, here is the good news. A few weeks ago, store brand infant formulas won a major victory when a U.S. Circuit Court upheld the $13.5 million false advertising claim against Enfamil maker Mead Johnson. Isn’t that great news? This goes to show that the truth always prevails! Here’s what went down. The case was centered on the successful argument by PBM Products, Perrigo’s store brand infant formula business, that Enfamil’s advertisements of superiority to store brand formulas were false and misleading because store brand formulas offer the same nutrients at the same levels as Enfamil. “As the litigation history of the parties demonstrates, despite having twice been restrained from disseminating misleading advertising, Mead Johnson continued to do so,” Circuit Judge Andre Davis wrote. “PBM cannot fairly compete with Mead Johnson unless and until Mead Johnson stops infecting the marketplace with misleading advertising.”

In response to that, Perrigo Chairman and CEO Joseph C. Papa said in a statement that "The Court has made it clear that national brand and store brand suppliers are entitled to fairly compete and advertising abuses will not be tolerated," as well as "We also appreciate the Court's recognition that PBM could lawfully compare its products to national brand products." Christopher Perille, a Mead Johnson spokesman, said in an e-mail that the company will comply with the court’s ruling.

For more information, you can read up more about this in Business Week’s website at You could also get more information about store brand formulas as well as coupons from

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