Brooklyn, NY: Abbott Laboratories, the maker of Similac infant formula food, is facing a consumer fraud class action alleging the label claiming the food is organic is false and misleading because the formula isn't actually organic.
Filed by Sara Margentette, Matthew O'Neil Nighswander and Ellen Steinlien in U.S. District Court in New York, the suit alleges Abbott' Similac Advance Organic Infant Formulas contained ingredients that are prohibited in organic foods.
According to the complaint some 26 of the 49 listed ingredients are not allowed in organic food. The suit states the ingredients were "irradiated substances, synthetic compounds, or produced from hazardous substances."
The plaintiffs claim Abbot described the Similac Infant formula as organic in order to persuade consumers to purchase it, thereby increasing its sales and profits.
"As a result of its false and misleading labeling, Abbott was able to sell its 'Organic' Infant Formula to hundreds of thousands of consumers throughout the United States and to realize sizeable profits,"the lawsuit states. Plaintiffs are seeking class certification and more than $5 million in damages plus court costs. The plaintiffs are represented by Todd S. Garber and D. Gregory Blankinship of Finkelstein, Blankinship, Frei-Pearson & Garber, LLP in White Plains, N.Y.; Yvette Golan of The Golan Firm in Houston; and Kim E. Richman of The Richman Law Group of Brooklyn.
The case is United States District Court for the Eastern District of New York case number 1:15-cv-2837.
