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Mead Johnson, Maker of Enfamil, Loses Multi-Million Dollar False Advertising Case Against Store-Bran

Saturday, December 19th, 2009

This is a sponsored guest post written by a Press Release on behalf of PBM Products. Post powered by Sponzai.

GORDONSVILLE, VA., December  2 , 2009PBM Products, LLC, a leading infant formula company that supplies store-brand infant formulas to Walmart, Sam’s Club, Target, Kroger, Walgreens, and other retailers, has received a favorable jury verdict and a $13.5 million damages award in its false advertising lawsuit against Mead Johnson & Co., the operating subsidiary of   Mead Johnson Nutrition Company (NYSE: MJN) (“Mead Johnson”), the makers of the national-brand Enfamil® LIPIL® Infant Formula.  Mead Johnson is 83 percent-owned by Bristol-Myers Squibb.

 

PBM’s lawsuit claimed that Mead Johnson engaged in false and misleading campaigns against PBM’s competing store-brand of infant formulas, suggesting they do not provide the same nutrition as Mead Johnson’s brands.  PBM’s store-brand infant formulas cost up to 50 percent less than Enfamil® LIPIL®.  The $13.5 million in damages awarded by the jury in the United States District Court for the Eastern District of Virginia is one of the largest damages awards ever for a false advertising case.

 

“This decision by a jury of the people confirms that Mead Johnson’s ads have been false in suggesting that there is a nutritional difference between our store-brand formula products and their products, when in fact the only major difference is price,” said PBM CEO Paul B. Manning.  “Despite Mead Johnson’s scare tactics, parents are assured that PBM’s formula products are as high quality and nutritious as Mead Johnson’s.”

 

U.S. District Court Judge James R. Spencer issued his written rulings yesterday following the November 10th jury verdict. Judge Spencer’s written rulings permanently enjoined Mead Johnson from making any false statements concerning PBM’s infant formula, including the claims Mead Johnson previously made in Enfamil advertising that "It may be tempting to try a less expensive store brand, but only Enfamil LIPIL is clinically proven to improve brain and eye development," and "there are plenty of other ways to save on baby expenses without cutting back on nutrition."  The Court also ordered Mead Johnson to retrieve from the public domain all advertising or promotional materials containing these or any other false claims about PBM’s store brand infant formula.  

The details of the decision and the complaint are posted online in full at:

 

·      http://www.pbmproducts.com/docs/Order_Laches.pdf

·      http://www.pbmproducts.com/docs/PBM_Complaint_MJ_III_LIPIL.pdf

 

The nutritional supplements under examination in the case are two fats, DHA (docosahexaenoic acid) and ARA (arachidonic acid), which Mead Johnson calls “LIPIL®” solely for marketing purposes and touts as promoting infant brain and eye development. PBM’s claim focused on Mead Johnson’s direct mailing to more than 1.6 million parents of an alarming blurry picture of a child’s cartoon duck next to a clear picture of the same image which suggested that anything other than the Enfamil LIPIL® blend of ingredients is inferior and will result in poor eye and brain development.  Other parts of the false advertising campaign consist of statements that only Enfamil LIPIL has been proven to confer visual and mental benefits on infants, and store-brand formulas are a “cut-back in nutrition” compared to Enfamil. 

 

PBM successfully argued that these advertisements were false and misleading especially since PBM store- brand infant formulas have the same nutrients at the same levels as Enfamil.  PBM infant formulas are formulated to contain DHA and ARA, and are sourced from the same supplier in amounts which equal or exceed the DHA and ARA in Mead Johnson’s Enfamil LIPIL®. 

 

This decision marks the third time PBM Products has sued Mead Johnson for false advertising claims. On the prior occasions Mead Johnson admitted that it made false claims about PBM’s products.  It is also the first false advertising case to focus on the issue of DHA and ARA nutritional ingredients in formula, which were introduced into the market in 2003 and have become a staple in recent years by many brands as key components for infant development.

 

“This jury verdict should send a significant and clear message to Mead Johnson about the way it conducts marketing and advertising for its brands,” said Manning.  “This lawsuit also demonstrates our complete commitment to defending our products and the valuable brands of our retail partners.”

 

“As a parent and supporter of children’s medical research, I take a personal responsibility in assuring our customers that the products we produce are healthy and nutritionally equivalent to brand names like Enfamil® LIPIL®.  It is important, especially now, for parents to know that there are lower priced yet highly nutritious store-brand formulas that will provide the same benefit to their children as any national brand name formula product,” Manning added.   

 

The U.S. infant formula market is estimated at $3.4 billion and the global market is estimated at $7.9 billion.

 

All of PBM’s formulas, and for that matter all of U.S. infant formulas, are subject to the exacting standards of the U.S. Food and Drug Administration (FDA), pursuant to the Infant Formula Act of 1980.  This legislation vested FDA with the authority to ensure that all infant formula products sold in the United States provide the necessary levels of identified nutrients required for the growth of healthy babies. For more information, visit this FDA link.

 

PBM Products was represented by the law firm Kramer Levin Naftalis & Frankel LLP.  Partners from the firm’s advertising practice, Harold P. Weinberger and Jonathan M. Wagner in New York, led the team.  

 

About PBM

PBM is privately owned and based in Gordonsville, VA.  PBM companies specialize in manufacturing, distributing, and marketing consumer food, nutritional, and pharmaceutical products. For more information, visit www.pbmproducts.com.

 

Enfamil® LIPIL® are registered trademarks of Mead Johnson & Co.

 

Using Baby Monitors In Your Nursery

Sunday, December 13th, 2009

Pregnant mothers take care of themselves during gestation knowing that everything that they come upon would affect the tiny baby growing inside them. She would take every precaution to avoid anything that is detrimental to the baby. Part of it would be choosing the appropriate nutrition and activity to ensure the baby’s safety. The mother already loves the unborn child.

After nine long months of waiting, finally a baby is born into this world. Seeing how cumbersome the baby is, the parent’s protective nature is invoked. Any parent would vow to do everything for the baby and would not let anything harm the newborn. She would want to keep an eye on her child 24/7. However, there are a variety of roles that a parent has to perform. She has to divide her time in taking care of the baby and fulfilling her responsibilities to other family members, and most especially to themselves.

A mother has one, two, many things to do around the house while making certain that their well-being plus their husbands satisfaction is maintained. Keeping watch of the baby round the clock is simply an impossible feat. Nowadays, the wonder of technology has contributed much to the comfort of mankind. And mothers are truly blessed to have baby monitors in their aid that would ease their burden.

What are Baby Monitors

Baby monitors are technological device that serve as a pseudo mother who is in vigil at bedside. It is a radio transmitter that release FM (Frequency Modulated) signal most commonly between the ranges of 48,830 to 48,890 MHz. These devices have two components, the transmitter and the receiver. Transmitters are being placed 8-10 feet within the baby or closer if possible.

Sounds coming from the baby are being picked up and a signal is then transmitted to the receiver. On the other hand, receivers are being carried around the house or place somewhere that is accessible to the mother or whoever it is designated to keep watch of the baby. Usually, the transmitter is plugged into a socket from its stationary position while the receiver is battery operated since it could be brought anywhere.

What Baby Monitors Do

Baby monitors generally help mothers oversee the baby without being stuck inside the baby’s room all day. Through this, mothers are able to do what must be done around the house thereby accomplishing a lot. From the time baby monitors have been first released, countless of innovations have been made.

A variety of products not only permits auditory signals to be heard but even allow the mother from the receiver’s end to visualize their baby and play music to soothe the baby even from a distance. To this date, they are no longer just an electric device to keep an eye when the baby cries but offers a number of advantages in ascertaining the baby’s well-being.

Some top of the trade devices have sensors placed under the baby’s mattress that detects even the most subtle of movements including the baby’s breathing. When no movement is detected for a span of 20 seconds or if breathing is below the medically accepted rate, an alarm is triggered thereby notifying mommy.

This proves to be truly useful in perceiving life threatening conditions. Whatever type moms choose to have, it will contribute enormously in making mom’s life easier. Baby monitors are definitely mom’s best friend.

An Experienced Mother’s Guide to Packing Your Hospital Bag

Tuesday, October 3rd, 2006
 

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By Go-To Mom Cathy Curtis, Omaha, NE

When we were expecting our daughter, I read everything I could find, and studied nearly every aspect of the whole birthing process.

One thing I spent weeks consumed with was creating the perfect “hospital bag.” I created my list from lots of different sources — books, online, childbirth classes — and was sure I’d get good use of everything I had decided was an absolute necessity to take with me when I went to have my child.

By the morning we went in to have Samantha, my poor husband Greg looked like a pack-mule. And unfortunately I found out that approximately two-thirds of everything I “had” to have when I went to give birth just never got used, or even considered, during our hospital stay.

Now our son is coming this summer, and my list is MUCH shorter. For starters, here are some of the things that have all been nixed from my hospital bag, along with the reasons why:

  • CD player/music – Labor is intense, and I just wanted quiet to relax and concentrate.
  • Gown/robe – I was really hot on wearing my own clothes, until I actually got there. The hospital’s robes and gowns go into their laundry to be washed, and I was glad for that, once I understood how, well, messy labor is. I’d much rather wear what they provide, during labor anyway
  • Stopwatch or watch with second hand – I could have cared less how far apart my contractions were at the hospital. If the nurses wanted to know, they used the monitors to see. But we weren’t monitored all the time; we walked the halls a lot, and I stood in a hot shower for a long time. During all that time, no one ever asked us how far apart they were.Read the rest of what you should bring for your hospital stay
     

Pregnant Momma Housekeeping Tips

Thursday, September 21st, 2006

It is a strange but true paradox of postpartum motherhood that, at the time you are most vulnerable physically and emotionally and most in need of rest, you want a spotless nest for your new little one. Here are some tips to help you enjoy the postpartum period more and stop worrying so much about the housework.

Prepare ahead of time

Most women, sometime shortly before they go into labor, experience a natural rush of energy and an overwhelming desire to clean and organize. Use this time wisely. Instead of folding and refolding newborn clothes, do some spring cleaning. Dust your baseboards- be sure to squat instead of leaning over while doing this. Squatting is great exercise for pregnant mommies. It stretches the inner thighs (they need to be flexible when you’re pushing baby out), feels good to your back and even helps your baby’s head get into proper alignment in preparation for the birth.

Buy paper plates, napkins, and plastic cutlery and cups for use after the baby arrives. Now is not the time too obsess or feel guilty about Mother Earth. You need to focus on Mother You! Buy recycled if it makes you feel better. Eliminating dirty dishes when you have a newborn will go a long way towards keeping the kitchen clean. Spring for some of those handy disposable cleaning wipes too so you don’t have extra laundry.

Do a thorough de-cluttering

The rule most professional organizers use is: If you haven’t used it in a year, you probably don’t need it or it would be better you to just rent the item in question rather than own and store it. Go through your closets, attic and garage and toss, toss, toss. And seriously rethink all the little knickknacks and whatnots you have around your home. These are dust magnets and will probably have to be put up when your baby starts crawling anyway.

Ask for help

It’s very difficult in some independent cultures to ask for the help you need and deserve. But don’t try to be a rugged individualist. Most native cultures expect little of a new Mom for a couple of months postpartum. She is pampered and taken care of by the women in her community.

Let me ask you: would you begrudge a postpartum friend if she called you asking for help? Of course not. It may even forge a deeper bond of friendship between you. So don’t be afraid to call on your network of support for help.

Ask friends, family, neighbors, people you worship with, other moms at the mom’s group you attend, etc. for assistance. Don’t forget your baby’s Father as well! And consider hiring help if you possibly can. Remind your mother and mother in law that a housekeeping service is a great baby shower gift.

The postpartum “babymoon” period passes so quickly. Enjoy every minute and take lots of pictures. Baby will soon be crawling and then toddling around, and then the house will look really interesting!

About The Author: Carrie Lauth is the host of
http://www.NaturalMomsTalkRadio.com. For more postpartum advice
and housekeeping tips, visit http://www.Natural-Moms.com

Pregnancy Fitness, Get Active Now

Friday, September 8th, 2006

It will reduce constipation, leg cramps, bloating, and swelling. As well, it will prepare your body for the work of labor and delivery, and give you a head start in getting back in shape after the baby is born.

Before you begin an exercise program, talk to your doctor or midwife to confirm that you dont have any health conditions that may limit your activity. Dont hesitate to ask about specific exercises or sports that you like to do. Follow these tips for a safe and healthy exercise during pregnancy:

Start your workout with slow, low-impact activities such as walking, swimming, or yoga.

Exercise with the goal of reaching and keeping a safe fitness level. Pregnancy is not the time to bulk up muscles or shed excess pounds.

Dont exercise vigorously when youre ill or if its hot or humid outside. Wear comfortable clothing and drink plenty of water.

Begin every workout with at least five minutes of stretching and end your workout with a cool down period. Slow walking or riding a stationary bike are good ways to cool down.

Get up slowly after sitting or lying on the floor to prevent feeling dizzy or faint. After 20 weeks of pregnancy, dont do any exercises on your back. This can cut down the blood flow to your baby.

Dont overdo it. If you cant talk at a normal level during your workout, ease up and slow down. You should feel energized after a workout not exhausted.

Reduce your workout level during the last few months of pregnancy. Exercise will be more difficult as your baby grows.

Work your deep abdominals

Strong abdominals will also help you to maintain good posture. Before starting this exercise, though, you need to know what youre working and why. The deep abdominals refer to the transverse abdominal muscles, which come around from your back and act like a corset. Its these muscles that will help to give your stomach a flatter appearance after the baby is born.

Even though youre not directly working the rectus abdominals (the muscles that run down the front of your abdomen) as you would when you do a sit-up (which shouldn’t be attempted during pregnancy), dont worry; this exercise still works these muscles. When theyre strong they also contribute to core stability and good posture.

Breathe in and as you breathe out again, pull in your pelvic floor and the deep abdominal muscles. Lift the baby up and in towards your spine, drawing the navel to the back, then lift your pelvic floor muscles to deepen the contraction. Hold this position.

You can do this exercise standing or on all fours. If youre standing, check your posture. If youre on all fours, make sure your hands are in line with your shoulders and your hips are in line with your knees. In both cases, make sure you have a natural curve in your back. You may need to tilt the pelvis to align your back correctly.

Advanced versions of this exercise that you can do after the birth include the plank. Ask an instructor to show you how to do these exercises.

Julian Hall of http://www.giftbabies.co.uk – The Baby Gifts Company – The Most Unique, Innovative Gift Ideas for Babies, Christening Gifts, Newborn Gifts, Personalised Gifts, Organic Clothing, Nappies, New Baby Gifts