Parents are filing class action lawsuits against major formula companies, alleging deceptive marketing of toddler milks that are unregulated, nutritionally unnecessary, and potentially harmful due to added sugars. This legal action highlights concerns over childhood obesity and industry practices, with calls for stricter FDA oversight.
Who is involved: The lawsuits are led by parents like Damary Santana from Charleston, Massachusetts, who are plaintiffs in cases against companies such as Abbott Nutrition (maker of Similac products), Mead Johnson Nutrition (Enfagrow), and others. Legal support comes from organizations like the Center for Public Health Litigation at Northeastern University, and experts including pediatricians and researchers from institutions like the American Academy of Pediatrics (AAP) and the Rudd Center for Food Policy and Health.
What is happening: Parents are taking legal action against formula manufacturers for marketing toddler milks—products designed for children ages 1 to 3—as necessary for development, despite evidence that they are not required and may contain excessive added sugars. The lawsuits allege false advertising, unfair practices, and seek compensation for purchases made under misleading claims.
When it occurred: The legal actions have been unfolding recently, with key events including a lawsuit filed by Santana against Abbott Nutrition, additional cases in California in late 2024, and ongoing developments as of August 2025. The AAP raised concerns in a 2023 report, and recent meetings like the Operation Stork Speed expert panel in June 2025 discussed the issue.
Where it is happening: The lawsuits are primarily filed in the United States, with cases in states like Massachusetts and California. The marketing and sales occur nationwide, targeting parents through grocery stores and online platforms.
Why it is happening: The core issue is deceptive marketing that preys on parental fears, suggesting toddler milks are essential for brain development and immune support when cow’s milk is sufficient and cheaper. Concerns include the lack of FDA regulation for toddler milks, leading to products with added sugars that contradict health guidelines for young children, potentially contributing to obesity and poor dietary habits.
How it is unfolding: Lawsuits are progressing through the courts, with some motions to dismiss being denied or granted in part. Companies like Abbott defend their products as properly labeled and meritless, while critics push for changes. The Public Health Advocacy Institute petitioned the FDA in 2020 for better regulation, but response has been limited, prompting legal routes.
Impact: The legal actions could lead to financial repercussions for companies, changes in marketing practices, and increased awareness among parents about the unnecessary nature of toddler milks. If successful, lawsuits may result in refunds for consumers and tighter industry standards, potentially reducing childhood obesity risks and misleading advertising.
What’s next: The outcomes of pending lawsuits will shape future industry practices, with possible settlements or court rulings. There is growing pressure on the FDA to regulate toddler milk marketing, as recommended by expert panels, which could lead to new guidelines or adoption of WHO standards on breast-milk substitute marketing in the U.S.