Linda Hobbs’ three-count class action against Gerber Products for reportedly making false statements when marketing its Good Start Gentle infant formula, referred to as GSG, alleged a violation of the Illinois Consumer Fraud Act, or ICFA, breach of express warranty and common law fraud, but Gerber — in moving to dismiss for “failure to state a claim upon which relief can be granted” under Federal Rule of Civil Procedure 12(b)(6) — “proceeds as if the complaint asserts three claims (as reflected in its three ‘counts’),” U.S. District Judge John J. Tharp Jr. explained, “but that is not so.”
By Steven P. Garmisa