PBM Products, a Gordonsville, Va.-based supplier
of store brand infant formulas to major retailers, said it received a favorable
jury verdict and a $13.5 million damages award in its false advertising lawsuit
against Mead Johnson & Co, the operating subsidiary of Glenview, Ill.-based
Mead Johnson Nutrition Co., makers of the national brand Enfamil LIPIL infant
formula.
PBM said its lawsuit claimed Mead Johnson engaged
in false and misleading campaigns against PBM’s competing store brand of infant
formulas, suggesting the products do not provide the same nutrition as Mead
Johnson’s more costly products. According to PBM, the $13.5 million sum the
jury awarded in the United States District Court for the Eastern District of
Virginia is one of the largest damages awards ever for a false advertising
case.
“This decision by a jury of the people confirms that
Mead Johnson’s ads have been false in suggesting that there is a nutritional
difference between our store brand formula products and their products, when in
fact, the only major difference is price,” said Paul B. Manning, PBM’s CEO.
“Despite Mead Johnson’s scare tactics, parents are assured that PBM’s formula
products are as high quality and nutritious as Mead Johnson’s.”
PBM
said this is the third time it has sued Mead Johnson for false advertising
claims.
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