PBM Products, the largest US supplier of store-brand baby formulas, is being sued by Mead Johnson & Co.
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The lawsuit, filed in Indianapolis at the US District Court, Southern Indiana District, alleges trade dress infringement, false designation of origin, and unfair competition related to the PBM-introduction of store-brand infant formula.
The lawsuit contends that the Mead Johnson brand Enfamil LIPIL has significantly lost ground to the store-brand formula because of the similarity of the packaging.
In the lawsuit Mead Johnson says PBM Products has “embarked on an unlawful campaign to lure customers into purchasing their Infant Formula in the mistaken belief that it is the same product as Mead Johnson’s Enfamil Lipil milk-based infant formula powder.”
“This is not about consumer confusion,” said Paul B. Manning, CEO of PBM Products. “We believe consumers clearly understand that store-brand formulas provide high quality nutrition equivalent to national brand formulas. There is no better infant formula than store-brand infant formulas, and mothers are increasingly making informed choices when it comes to finding the right nutrition for their babies at a great value.”
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