Perrigo Sued Over Allegedly Under-Filled Baby Food Containers

A new putative class action against Perrigo alleges that the company’s Burt’s Bees Infant Formula products short consumers by making fewer bottles of formula than advertised, according to a complaint filed Monday in the Southern District of California.

Chelsea Fredrick, the named plaintiff, says she twice bought Burt’s Bees Infant Milk in reliance of Perrigo’s statements as to the number of bottles the containers that she purchased could make.

“By representing the number of bottles Plaintiff was supposedly buying, Perrigo implicitly also represented the product’s value to Plaintiff. That representation, however, was false because, based on Perrigo ’s preparation instructions, the Burt’s Bees Formulas were under-filled, such that Plaintiff received a different and substantially lesser value—one with a higher cost—than Perrigo represented.”

She is seeking to represent a class of buyers of a number of Burt’s Bees infant food products who purchased the products after September 6, 2018 in California. The complaint brings specific complaints under California consumer protection, unfair competition, and false advertising statutes, breach of warranty, unjust enrichment, and both intentional and negligent misrepresentation.

The plaintiff is represented by Fitzgerald Joseph.