Gerber Good Start Settlement Reached Over False Advertising of Baby Formula

Manufacturer has agreed to settle the Good Start formula lawsuits without any admission of wrongdoing.

A settlement has been reached between the manufacturer of Gerber Good Start baby formula and parents who filed a class action lawsuit, alleging that the company’s advertising falsely claimed that using its product could help prevent allergies in children.

The settlement agreement (PDF) was filed in the U.S. District Court for the Eastern District of New York on March 5, between the defendant, Gerber Products Co., and plaintiffs Jennifer Hasemann, Debbie Hoth and Wendy Manemeit, who filed their complaints on behalf of themselves and others similarly situated.

Gerber Good Start Gentle infant formula is marketed as meeting the complete nutritional needs of babies up to 12 months old, claiming it can also reduce the risk of allergies as children grow. 

However, for over a decade, parents have contested these claims, alleging that the formula does not reduce allergy risks in infants and accusing Gerber of false advertising.

The Gerber formula settlement comes amid a growing number of Similac lawsuits and Enfamil lawsuits pending in both federal and state courts nationwide, each raising similar allegations that the manufacturers knew or should have known about necrotizing enterocolitis (NEC) risks associated with use of the cow’s milk-based infant formula with preemies, but provided false and misleading information for years about the risks compared to the use of human breast milk.

In a memorandum (PDF) accompanying the settlement agreement, the plaintiffs requested the court to approve the deal, noting that it was finalized with Gerber Products on January 23, 2025, just days before the scheduled trial date.

The settlement will provide a refund for all residents of New York and Florida who attest under penalty of perjury that they purchased Gerber Good Start Gentle infant formula between October 10, 2011 and April 23, 2016.

Customers who can produce a proof of purchase will receive additional payments for each unit of the product that they can prove they bought during the covered period. However, the total number of units for which reimbursements are available cannot exceed 663,586 for the New York class and 5,610,628 for the Florida class.

All requests for payment must be submitted before 84 days pass following the date on which the settlement is approved.

Gerber has also agreed to pay up to $11,250,000 in attorneys’ fees for settlement class members. 

However, despite agreeing to the settlement, Gerber has made no admission of any wrongdoing.

“The Parties agree that, by negotiating and signing this Settlement Agreement and settling the Litigation, Defendant is not admitting any liability, fault, or violation of law,” the settlement agreement says. “The Parties agree and acknowledge that Defendant denies all allegations and claims asserted against it, but is settling the Litigation to avoid the risk, burden, and expense of continued litigation.”

Gerber Good Start Recalls and Lawsuits

Gerber Good Start has been the subject of multiple recalls and lawsuits over the past 15 years. The product’s Soothe Pro line of infant formula was subject to a recall in March 2023, due to cronobacter contamination, which can cause serious life-threatening infections or meningitis.

An even earlier recall affected Good Start Gentle formula due to an “off-odor” that may have caused some infants to suffer gastrointestinal complaints.

In addition to the recall issues, Gerber Good Start has also been the subject of multiple lawsuits alleging that the benefits of probiotics in the formula were overstated. A separate series of lawsuits also alleged that certain Gerber Good Start formulas were not “GMO Free” as advertised.