Kendamil Class Action: Toddler Drink's Health Claims Challenged

Case Overview: A class action lawsuit has been filed against Kendal Nutricare USA LLC, alleging that their Kendamil Toddler Drink is misleadingly marketed. The plaintiff claims that the product's health claims violate FDA regulations.

Consumers Affected: Consumers who purchased Kendamil Toddler Drink.

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

A class action lawsuit has been filed against the makers of Kendamil Toddler Drink, alleging its misleading marketing targeted parents. 

Plaintiff Alana Gutierrez filed the class action complaint against Kendal Nutricare USA LLC on Sept. 6 in a California federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, the company has been falsely labeling the Kendamil Toddler Drink product as beneficial for children under two, despite federal regulations prohibiting such claims.

Kendamil Toddler Drink Accused of Misleading Parents With False Health Claims

Gutierrez says the drink's packaging promotes misleading nutrient content claims, including statements about immune support, brain health, and growth, intended to entice parents concerned about their children's development. 

She claims these representations violate U.S. Food & Drug Administration (FDA) regulations, which strictly prohibit certain nutrient claims for food products marketed to children under two.

The lawsuit says the product is marketed as a milk-based drink with added nutrients like DHA and prebiotics, but that it is potentially harmful to toddlers. Gutierrez, who purchased the product for her one-year-old child at Target in early 2024, says she relied on the packaging’s health benefit claims, believing the product was beneficial. 

In particular, the product is advertised with phrases like "immune support" and "brain health," which give the impression that it offers scientifically backed benefits. Gutierrez’s lawsuit contends that these statements are unfounded and designed to exploit parents' desires to provide the best nutrition for their children.

Lawsuit Claims Kendamil Violated FDA Regulations and State Consumer Laws

The lawsuit cites both federal and state regulations, including FDA provisions and California’s Sherman Food, Drug, and Cosmetic Law, which mandate accurate labeling for food products. 

These laws aim to protect consumers from misleading claims and ensure that food labels provide truthful information. The complaint argues that Kendamil’s labeling constitutes misbranding under these laws, rendering the product “legally worthless.”

Gutierrez seeks to represent a class of consumers nationwide who bought the drink. She is seeking certification of the class action, damages of more than $5 million for the class, fees, costs and a jury trial. 

In March, a mother whose premature baby tragically died from necrotizing enterocolitis (NEC) after being fed cow’s milk-based infant product Enfamil in hospital was awarded $60 million by a jury. 

Case Details

• Lawsuit: Gutierrez v. Kendal Nutricare USA LLC
• Case Number: 2:24-at-01149
• Court: U.S. District Court for the Eastern District of California

Plaintiffs' Attorneys

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

Have you purchased Kendamil Toddler Drink? What are your thoughts on the product's labeling and health claims? Share your experiences in the comments below.