Enfamil cries copycat, files suit
Mead Johnson, maker of Enfamil baby formula, has filed suit against PBM Products in Gordonsville, claiming PBM's packaging for the store brand infant formula it sells in Sam's Club infringes on Enfamil's "trade dress" by using the same distinctive cylindrical cannister, golden yellow background, and royal blue banner. With its Sam's Club sales seriously slumping, Mead Johnson charges that PBM embarked on "an unlawful campaign to lure customers into purchasing their infant formula in the mistaken belief it is Mead Johnson's Enfamil."
PBM has manufactured store-brand baby formula since its launch in 1997. “This is not about consumer confusion,” said Paul B. Manning, CEO of PBM Products in a release. “We believe consumers clearly understand that store-brand formulas provide high quality nutrition equivalent to national brand formulas."
Plus, the store-brand cannister is bigger, another way PBM "exacerbates" the harm, contends Mead Johnson.