Perrigo has agreed to pay $10 million to settle a proposed US class action lawsuit alleging it conspired with Gerber Products to block competitors and inflate store-brand infant formula prices. Filed in federal court in Brooklyn on October 13, 2026, the settlement covers millions of consumers who purchased Perrigo-made formula since April 2020. While denying wrongdoing, Perrigo will cooperate in ongoing litigation against Gerber Products.
Proposed settlement terms and filing
- ▪Under the proposed settlement deal, Perrigo agreed to refrain for three years from making agreements with infant formula businesses that limit competition for store-brand formula without a legitimate business reason.
- ▪The proposed class action settlement covers United States customers who purchased store-brand infant formula manufactured or sold by Perrigo since April 2020, representing millions of potential class members.
- ▪Consumer plaintiffs filed the proposed $10 million class action settlement with Perrigo in federal court in Brooklyn on October 13, 2026, which requires judicial approval.
- ▪Perrigo agreed to pay $10 million to settle a proposed class action lawsuit alleging price-fixing in the store-brand infant formula market.
Denials of wrongdoing
- ▪Under the settlement agreement, Perrigo denied wrongdoing and agreed to cooperate with plaintiffs in their ongoing lawsuit against Gerber Products, including providing witness testimony and transaction data.
- ▪Both Perrigo and Gerber Products denied any wrongdoing regarding anti-competitive allegations in the store-brand infant formula market.
Ongoing lawsuit against Gerber
- ▪The class action lawsuit Thomas Conry et al v. Gerber Products et al alleges Perrigo conspired with Gerber Products to block new market entrants for store-brand infant formula, enabling Perrigo to inflate retail prices.
- ▪The class action lawsuit Thomas Conry et al v. Gerber Products et al in the US District Court for the Eastern District of New York continues against Gerber Products following Perrigo's proposed settlement.
Attorneys in the lawsuit
- ▪Plaintiffs in Thomas Conry et al v. Gerber Products et al are represented by attorneys Jeffrey J. Corrigan of Spector Roseman & Kodroff and Simon Paris of Saltz Mongeluzzi.
- ▪Attorney C. Scott Lent of Arnold & Porter Kaye Scholer represents Perrigo in the class action lawsuit Thomas Conry et al v. Gerber Products et al.
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