Enfamil LIPIL Marketing and Sales Practices Litigation
Enfamil LIPIL Marketing and Sales Practices Litigation involved allegations that Mead Johnson falsely and deceptively advertised its Enfamil LIPIL infant formula products by representing that these products were unique and superior in that they were the only infant formula products to be supplemented with certain specific ingredients and the only ones to have the ability to enhance infants’ visual and mental development. These claims were alleged to be false because other infant formulas, some costing substantially less, had and have the same specified ingredients and possessed the same ability to enhance infants’ mental and visual development. The case has been settled, with the settlement providing for a minimum fund of $8 million, and a maximum fund of $12 million in cash and/or product, from which consumer claims can be paid. The settlement allows class members to elect to receive either cash or product. In the course of this litigation, a significant decision was obtained from the U.S. District Court in Massachusetts upholding the plaintiff’s claims under the Massachusetts consumer protection statute.