On March 12, a federal judge in the Eastern District of Virginia issued a permanent injunction barring Mead Johnson, the manufacturer of Enfamil infant formula, from making several false advertising claims, including that Enfamil is the only infant formula clinically proven to improve brain and eye development. The Court's injunction follows a jury verdict in November 2009 that held Mead Johnson liable for falsely claiming that Enfamil provided superior nutrition compared to store brand formula manufactured by our client, PBM Products, and awarded PBM $13.5 million in damages. The jury's verdict was the largest in Virginia in 2009 and one of the largest false advertising verdicts ever obtained. The Court had previously dismissed all of Mead Johnson's counterclaims, including one seeking $40 million under the Lanham Act, prior to the jury's verdict in favor of PBM.
The Kramer Levin team consisted of Harold P. Weinberger, Jonathan M. Wagner, Jeremy A. Cohen, Tobias B. Jacoby, Seth F. Schinfeld, Julie Weisswasser and Matthew C. Temkin.