Mead Johnson Sues Company-Brand Formula Supplier

GORDONSVILLE, Va. -- PBM Products here, the largest U.S. supplier of store-brand baby formulas, is being sued by Mead Johnson & Co. The lawsuit alleges trade dress infringement, false designation of origin and unfair competition related to the PBM introduction of store-brand infant formula that is a less expensive alternative to the Mead Johnson brand, Enfamil LIPIL, according to PBM. “Following the arrival of Defendants‘ copycat product, in approximately mid-May 2006, Mead Johnson has suffered a measurable and significant downturn in sales and expects that trend to continue while Defendants‘ confusingly similar product remains on the market, sold alongside Enfamil LIPIL,” the suit contends. “This is not about consumer confusion,” said Paul B. Manning, chief executive officer of PBM Products, in a statement. “We believe consumers clearly understand that store-brand formulas provide high-quality nutrition equivalent to national brand formulas."