Spector Caldes & Corrigan (formerly known as Spector Roseman & Kodroff) has been appointed as interim Co-Lead Counsel for Indirect Purchaser Plaintiffs in an antitrust action against Gerber Products Company, Perrigo Company plc, L. Perrigo Company, and PBM Nutritionals, LLC (collectively “Perrigo”).
The lawsuit alleges that the defendants conspired to block competition in the market for store-brand infant formula, preserving Perrigo’s monopoly and driving up prices for consumers. According to the complaint, Perrigo secured an unlawful agreement giving it the “first right” to Gerber’s excess production capacity, allowing it to prevent potential rivals from entering the market. When a new competitor, PLD, contracted with Gerber to supply infant formula to retailers, Perrigo exercised its contractual right and cut off PLD’s access—effectively foreclosing competition before it could begin.
The lawsuit contends that this scheme, reinforced by Perrigo’s later purchase of Gerber’s Good Start brand and production facilities, cemented Perrigo as the sole supplier in the store-brand infant formula market. Plaintiffs allege that by excluding rivals, Perrigo and Gerber reaped monopoly profits while consumers paid higher prices for infant formula. The action seeks to halt the anticompetitive conduct and provide relief to those harmed nationwide.
The matter is currently pending before U.S. District Court Judge Nina Gershon in the United States District Court for the Eastern District New York. Class members are all persons in the United States who, from April 22, 2023 to the present indirectly purchased store-brand infant formula for personal use and not for resale that was manufactured or sold by Perrigo. For further information, or if you want to discuss your legal rights in the proposed class-action lawsuit, please email SCC partners Jeff Corrigan at jcorrigan@scc.law or Jeff Spector at jspector@scc.law, or call our office at 215-496-0300.
