Baby Formula Class Action Lawsuit: Do These Companies Owe You Money?

A major manufacturer of infant formula for big brands such as Target and Walmart is accused of falsely advertising how many servings are in a container.

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Dan Avery
3 min read
Cannisters of baby formula

A lawsuit claims baby formula manufactured by PBM Nutritionals makes fewer liquid servings than advertised. PBM provides formula for Target, Walmart, Sam's Club and other retailers' house brands.

Dan Avery/CNET

If you've bought baby formula from Target, Walmart or another big-box retailer since 2017, you may be due part of a $2 million class action settlement. PBM Nutritionals, a major manufacturer of infant formula, has agreed to the payout to resolve claims its products don't make as many servings as advertised.

Plaintiffs in White, et al. v. PBM Nutritionals allege the company's formula makes 8% to 12% fewer liquid servings than is listed on the packaging. Following the printed directions, "the products contain nowhere near enough powdered baby and infant formula to make the represented number of bottles of formula," according to their complaint.

A subsidiary of health care corporation Perrigo, PBM makes infant formula for Sam's Club's Member's Mark brand, Target's Up & Up brand, BJ's Wholesale Club's Berkley Jensen label and Walmart's Parent's Choice, as well as for Burt's Bees Baby, Earth's Best and numerous other companies. 

The settlement comes as parents have been struggling with a massive baby formula shortage, as another major manufacturer temporarily shuttered its plant amid concerns products were exposed to dangerous bacteria.
Perrigo declined to comment on the case. In a press release, PBM denied the allegations raised in the suit and said it was settling the matter "to avoid further litigation and distraction of resources from its business."

In addition to the cash payments, PBM has also agreed to update its labels to better inform customers about its products' serving capabilities.
Here's what you need to know about the PBM baby formula settlement, including who is eligible to receive payment, what you need to file a claim and how much money you could receive.

For more on class action suits, see if you're eligible for part of from Capital One's $190 million payout, T-Mobile's $350 million data breach case or Facebook's $90 million data-tracking payout.

What baby formula brands are included in the PBM Nutritionals class action case?

Brands covered by the settlement include Well Beginnings, Meijer Baby, Little Journey, Wellsley Farms, Burt's Bees Baby, Berkley Jensen, Parent's Choice, Earth's Best Organic, Comforts, Up & Up, Babies "R" Us, Member's Mark and Bobbie Baby. (For a full list of products, visit PBMlabelSettlement.com.)
If you reside in the US and purchased any of these brands from Jan. 1, 2017, to July 21, 2022, for personal use, you can file a claim. How much money could you receive from the PBM baby formula settlement? The amount you're entitled to depends on the number of cans of baby formula you purchased during the class period and whether you kept your receipts.

Without proof of purchase, you can claim reimbursement for up to five containers at a rate of $2 each -- for a maximum payment of $10. With proof of purchase, you can claim up to 15 containers, for a maximum payout of $30.

How do I file a claim in the PBM Nutritionals formula case?

You can complete the online claim form in the case or print out a physical form and mail it to:
White v. PBM Nutritionals, LLC
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-539

What is the deadline to file a claim?

Your claim form must be postmarked or submitted online by 11:59 p.m. Central Time on Nov. 30, 2022.
If you do not want to be part of the settlement and wish to reserve the right to file your own legal claim, the deadline is Oct. 18, 2022.

When will I receive a check?

A final approval hearing for the case was set for Oct. 26, 2022.
Payments are typically dispersed within 90 days of a settlement receiving final approval but can be delayed significantly by appeals.