Judge Finds Injury, But Dismisses Some Of Consumers' Formula Advertising Claims

Judge Finds Injury, But Dismisses Some Of Consumers' Formula Advertising Claims

NEWARK, N.J. - Consumers who claim that they paid a premium based on representations about the benefits of probiotics in formula and baby cereals adequately allege injury, but sufficiently alleged causation only in regard to product labeling, not the advertising campaign as a whole, a New Jersey federal judge held Aug. 23 in dismissing California unfair competition law (UCL) and other states' consumer protection law claims (In re: Gerber Probiotic Sales Practices Litigation, No. 12-835, D. N.J.; 2013 U.S. Dist. LEXIS 121192).

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