Similac Go & Grow Class Action Lawsuit Challenges "Healthy" Claims

Case Overview: A class action lawsuit has been filed against Abbott Laboratories, alleging misleading health claims on Similac Go & Grow toddler drink.

Consumers Affected: Parents who purchased Similac Go & Grow for their children.

Court: U.S. District Court Eastern District of California

A class action lawsuit in California is taking aim at the popular Similac Go & Grow 360 Total Care toddler drink. The complaint, filed Thursday by Shingle Springs resident Alana Gutierrez, alleges that Abbott Laboratories, the manufacturer of Similac, is misleading parents with health claims on the product's labels that directly violate FDA regulations.

Gutierrez, who purchased the drink for her one-year-old child, claims she relied on the packaging's representations about the product's health benefits for children under two. However, the lawsuit contends that these claims, such as "2 Servings have: 28 Important Nutrients for Growth and Development," and assertions about immune support, brain development, and digestive health, are strictly prohibited by the FDA for this age group.

Lawsuit Says Abbott Labs Exploits Parental Concerns With Misleading Claims

The lawsuit argues that Abbott's marketing strategy goes beyond mere misleading claims. It accuses the company of actively exploiting parental concerns about their children's nutritional needs. By using "vague buzzwords, claims, and graphics" on the Similac Go & Grow label, Abbott allegedly creates a false sense of necessity for the product, preying on parents' desire to provide the best for their children.

This tactic, the lawsuit asserts, aligns with concerns raised by the American Academy of Pediatrics (AAP) in a 2023 clinical report. The AAP highlighted the "lack of standardization and questionable marketing practices" for products targeting older infants and toddlers. The report noted that marketing often plays on "vague concerns parents have that their child is not getting some needed micronutrients." The lawsuit accuses Abbott of doing just that, echoing these concerns and filling the Similac Go & Grow label with misleading information.

“By making nutrient content claims on its packages’ front labels, [Abbott Labs] mislead[s] consumers into believing that foods for children under two should be purchased based on the quantities of the listed nutrients, when other considerations are just as, or more, important,” the complaint states. 

Furthermore, the complaint alleges that the Similac Go & Grow toddler drink may actually be "harmful both nutritionally and developmentally" for children under two. Its added sugar content and failure to address the development of healthy eating habits and fine motor skills are cited as potential harms.

FDA and State Regulations Prohibit Health Claims On Toddler Drinks

The Food and Drug Administration (FDA) explicitly prohibits nearly all nutrient content claims on labels for foods intended for children under two. This includes both direct and implied claims about specific nutrient levels, as well as the use of terms like "more," "added," or "plus" to describe nutrient content.

Furthermore, any nutrient content claims based on added nutrients must comply with the FDA's fortification policy, which permits fortification only under specific circumstances, such as addressing a dietary insufficiency or restoring nutrients lost during processing.

California law goes even further, adopting and incorporating federal food labeling regulations. Under state law, a "misbranded" product—one with misleading labels—is illegal to manufacture, advertise, distribute, sell, or even possess. Such products are considered to have no economic value.

The lawsuit argues that Abbott's labeling of Similac Go & Grow violates both federal and state regulations, rendering the product "misbranded" and its health claims unlawful.

Similac's Troubles Continue

This isn’t the first time Abbott has faced legal action over its Similac brand products. In July, a St. Louis jury awarded $495 million in damages to a family whose infant daughter developed necrotizing enterocolitis (NEC) after consuming Abbott’s Similac formula. The case alleged that Abbott failed to adequately warn parents and healthcare providers about the potential risks of NEC associated with their Similac formula.

In the Similac Go & Grow class action lawsuit, Gutierrez seeks to represent all individuals in California who bought the product between 2021 and present. She is asking for injunctive relief, along with compensatory and statutory damages.

Case Details

• Lawsuit: Gutierrez v. Abbott Laboratories
• Case Number: 2:24-at-01146
• Court: U.S. District Court Eastern District of California 

Plaintiffs' Attorneys

• Tarek H. Zohdy Cody R. Padgett, Laura E. Goolsby, and Nathan N. Kiyam (Capstone Law APC)

Have you bought Similac Go & Grow for your child? What are your thoughts on the product's labeling and health claims? Share your experiences in the comments below.