Infant Formula Manufacturer Wins $13 Million Damages Verdict in False Advertising Suit

PBM Products, LLC, a manufacturer of private label infant formula, won a $13.5 million damages verdict last month against Mead Johnson in the Eastern District of Virginia, and on Dec. 1, 2009, Chief Judge James R. Spencer granted PBM’s request for a permanent injunction. The case is relatively unusual given both the size of the verdict and the fact that it went to trial after the Court denied PBM’s motion to preliminarily enjoin Mead’s advertisement that its products provided babies with unique developmental benefits not present in store brands. Howrey was recently successful in defending Gerber Products Co. against a motion for preliminary injunction in a trademark infringement action brought by PBM Products.

Client Alert_FalseAdvertising_120409.pdf (43 KB)