01.18.2010 False Advertising Case Named “Largest Jury Verdict of 2009” by Virginia Lawyers Weekly RICHMOND, Va. -- Williams Mullen announces that a false advertising case for which the firm was counsel has been named the “Largest Jury Verdict of 2009” by Virginia Lawyers Weekly. The firm secured a verdict for firm client PBM Products, LLC in amount of $13.5 million.
PBM Products, LLC (“PBM”) is the nation’s largest manufacturer of store-brand infant formula. PBM manufactures infant formula for virtually all national retailers including Wal-Mart, Target, Kroger, CVS and Sam’s Club. One of PBM’s biggest competitors, Mead Johnson & Company, distributed a direct mail piece to new mothers in 2009. The mailer implied that PBM’s formulas did not contain important amino acids that aid in the development of visual and cognitive function. This was inaccurate.
PBM sued Mead Johnson in federal court in Richmond with the help of Robert F. Redmond, Jr. Before trial PBM had successfully prevailed on 12 of 14 pretrial motions and had eliminated several of Mead Johnson’s counterclaims. After a 10 day jury trial, the jury returned a verdict in PBM’s favor for $13.5 million.