On July 7th, Rita Tabiu, mother of a two-year-old toddler, has filed suit in federal court in the Southern District of California against Gerber Products Company, makers of Gerber baby foods. Mrs. Tabiu is accusing the food giant of misleading consumers with its promotion of products such as Gerber Graduates for Toddlers ® Fruit Juice Snacks. The company claims the snacks are "just one of a variety of nutritious Gerber Graduates foods and juices that have been specially designed to help toddlers grow up strong and healthy."
Mrs. Tabiu had been giving the bite-sized snacks to her daughter, Sabrina, for some time because of their convenience and their advertised health value. Gerber claims the "nutritious and delicious" Fruit Juice Snacks are made from "100% real fruits" and are "rich in Vitamin C." However, on close inspection of the ingredients on the side of the box, the first two ingredients listed are corn syrup and sugar with a very small amount of Vitamin C. The suit also names Novartis Corp., a pharmaceuticals company and owner of the Gerber brand. According to Mrs. Tabiu's attorneys, Novartis manufactures medication for Type II diabetes. "Ironic, isn't it?" said Tabiu's attorney, "Novartis could almost book future revenue from diabetes drugs based on the number of Gerber Graduates Fruit Juice Snacks sold to unsuspecting mothers and children."
"Gerber is misleading parents into helping children develop a taste for sugar at an early age," the Lawyer said. "These Fruit Juice Snacks are nothing but candy with training wheels. We believe Gerber should promote its products in a way that is clear to the buying public. If it's candy, then call it candy; don't call it nutritious."
The suit, filed June 23, 2005, in United States District Court in the Southern District of California, San Diego, contends that the advertising and promotion of the Gerber Graduates Fruit Juice Snacks violates laws against false advertising and misrepresentation.
If you feel that you were mislead by Gerber's advertising and you purchased their product for your children as baby food, please complete the form below for possible inclusion in potential class action or other lawsuit.
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