PBM Issues Response To Suit

GORDONSVILLE, Va. — Store-brand infant formula company PBM Products here has filed a formal response to a lawsuit filed by Mead Johnson & Co., maker of Enfamil LIPIL Infant Formula.

The lawsuit alleges trade dress infringement, false designation of origin and unfair competition related to the PBM introduction of Sam's Club's store-brand Member's Mark Infant Formula, which is a less expensive alternative to the Mead Johnson brand, Enfamil LIPIL, according to PBM. The suit alleges, “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.”

In 2005, PBM partnered with Sam's Club to launch Member's Mark Infant Formula. “Mead's claims against Defendants do not arise from any wrongful or actionable conduct on the part of Defendants, but rather arise as a result of Mead's pricing decisions,” according to PBM's statement.