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

Posted by Trish | Posted in News, Sponsored | Posted on 19-12-2009

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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:

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 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.

The Girl Scouts Fabric Collection

Posted by Trish | Posted in Crafts, News | Posted on 09-12-2009

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I’ve always got my ear to the ground, and when I saw this I thought it was pretty awesome.  Fabric.com is now selling Girl Scout Fabric themed prints.  I’ve seen more and more Girl Scout crafty things at retail stores (like the scrapbooking kits at my local craft store), but this is really cool for any sewing or other fabric related crafts for troops to take part in.

The fabric is 100% cotton, 44” wide and most are roughly $9 per yard.

The Girl Scouts® Fabric Collection celebrates the spirit of this treasured organization with a combination of fun and colorful designs. Inspirational words mix easily with “Think Green” slogans and the traditional Girl Scouts® cookies. This collection is appropriate for quilting and craft projects as well as apparel and home decor accents.

The collection can be found here.  I promise to find more crafts to share that you can use this fabric for!

Happy Birthday, Juliette Gordon Low!

Posted by Trish | Posted in News | Posted on 31-10-2009

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Juliette Low PatchI’m going to guess that if you’re reading this site, you already know who Juliette Gordon Low is.  Today, aside from being Halloween, is her birthday.  This would be a great opportunity to teach your girls more about the history of Girl Scouting and the life of it’s founder, fondly known in her youth as “Daisy”.

Juliette Gordon Low, founder of Girl Scouts of the USA, was born Juliette Magill Kinzie Gordon on October 31, 1860, in Savannah, Georgia.  On December 21, 1886, her parents’ 29th wedding anniversary, Juliette married William Mackay Low, a wealthy Englishman, at Christ Church in Savannah, Georgia. Although the couple moved to England, Juliette continued her travels and divided her time between the British Isles and America.

Here’s a few cool facts about her:

  • On July 3, 1948, President Harry S. Truman signed a bill authoring a stamp in honor of Juliette Gordon Low.  The stamp was one of the few dedicated to women.
  • During World War II, she had a “Liberty Ship” named in her honor.
  • In 1954, in Georgia, the city of Savannah honored her by naming a school for her.  A Juliette Low School also exists in Anaheim, CA.
  • On October 28, 1979, Juliette Low was inducted into the National Women’s Hall of Fame in Seneca Falls, NY.
  • On December 2, 1983, President Ronald Reagan signed a bill naming a new federal building in Savannah in honor of Juliette Low.  It was the second federal building in history to be named after a woman.
  • In 1992, a Georgia non-profit honored Juliette Low as one of the first Georgia Women of Achievement.  A bust of Juliette Low is displayed in the State Capitol.  In 2000, The Deaf World in Wax, a traveling exhibit, featured her as a famous deaf American.
  • On October 14, 2005, Juliette Low’s life work was immortalized in a commemorative, bronze-and-granite medallion as part of a new national monument in Washington, D.C.  The Extra Mile Points of Light Volunteer Pathway pays tribute to great Americans who build their dreams into movements that have created enduring change in America.  The monument’s medallions, laid into sidewalks adjacent to the White House, form a one-mile walking path.

Halloween Supplies & Sales

Posted by Trish | Posted in Meeting Activities, News, Sales | Posted on 19-10-2009

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Halloween is one of my most favorite times of year. The weather is starting to cool off, leaves are falling, and I’m just a nut for costumes and parties and all things paranormal so I love it!

Anyone with children knows that it’s a fun time, but can be costly.  So I’ve looked around for some things to help you out.

SpiritHalloweenMost people are familiar with the Spirit Halloween stores.  They pop up in otherwise vacant storefronts starting in late September.  Since Halloween is ALL they do, they’re good at it.  Most stores are well stocked and large enough to hold all the decorations and costumes you could ever ask for.  Of course, ordering online has the advantage of an even larger selection.  And, if you order online and use the code SPAF20 you can receive 20% off 1 item!  I stocked up on spooky decorations last year, but I know I’ll be taking advantage of this coupon code myself to beef up my arsenal of decor and replace some things that wind & rain took a toll on last year.

10% off $65 or more   BuyCostumes.com is also a terrific site for costumes for all ages and sizes, even all species!  I’m a plus sized lady, so I’ve purchased quite a few costumes from the Plus Size Costumes section of their site.  They’re good quality and stand up over many wears, unlike some costumes that nearly disintegrate after one night on the town.  They have costumes for men, women, children, and dogs!  They also have a good selection of party decorations and other supplies.  For a limited time, you can use the code HAUNT65 to receive 10% off your purchase of $65 or more.  This is a great deal if you’re buying costumes for the whole family.  This code is good through Halloween.  Their selection is great, and their prices are pretty good too.

Shop HollywoodToysandCostumes.com Today!If there’s a specific pop culture themed costume you can’t find any BuyCostumes.com, you can try Halloween Toys & Costumes.  They have a large selection of Halloween costumes that are specific to Hollywood and pop culture.  I haven’t personally bought costumes from there, so I can’t really comment on the quality of the costumes, though I’ve heard good things.  They have a lot of timely movie costumes, like Star Trek, GI Joe, and Harry Potter.

Kodak Quality Prints for just 9 Cents every dayOf course, once you’re done with your Halloween fun, you’ll have pictures!  Lots and lots of them, if you’re anything like me!  I love Kodak Gallery to print my photos – they’re excellent quality and always a great price compared to taking them to a local shop.  They’ve recently adjusted their prices from 15 cents per print to just 9 cents per print for 4×6s, so you don’t even need a coupon to take advantage of the savings!

Long Time, No Update

Posted by Trish | Posted in News | Posted on 14-08-2009

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Work has been really crazy, so unfortunately I haven’t been able to update this resource as often as I’d like. I will soon be working on adding more songs and more badge activity help, so please stay tuned.

If you have any news or events about local Girl Scout events that you’d like to submit for publishing, please let me know and I’d be happy to help spread the word!

Stealing from Girl Scouts? Be ASHAMED!

Posted by Trish | Posted in News | Posted on 28-05-2009

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Of course, when I see a headline regarding the Girl Scouts I have to look.  With the sensational nature of the news media in the United States, it’s usually not good news.  I hadn’t heard this story before this one, which was regarding ther verdict, but this woman should be ashamed of herself.

DAYTON, Ohio – A former Ohio Girl Scouts leader has agreed to pay the organization $20,000 as restitution for stealing money from a cookie account and using it for vacations, groceries and other personal expenses.

Prosecutors say Tamara Jo Ward had access to a bank account the Dayton-based troop used to deposit cookie sales revenue that was to pay for the troop’s recreational activities.

The 45-year-old Ward pleaded guilty in April to grand theft.

Under a restitution agreement, she’ll pay $5,000 up front. She’ll also pay $250 a month during a five-year probation and spend 30 days in jail.

Girl Scouts of Western Ohio staff representative Marcia Dowds attended Thursday’s court hearing. She says the agreement allows everyone in the case to move on.

Stealing from a non-profit organization is despicable.  I’m not usually a terribly judgemental person, but I’m passionate about the organization and what it does for young girls.  I’m more passionate about this than any semblance of a religion, so this fires me up.  I hope this woman is kept far, far away from Girl Scouts and that people learn a lesson to not steal from Girl Scout troops!