This case was last updated from PACER on 10/01/2021 at 13:18:39 (UTC).

Dempsey et al v. Gerber Products Company

Case Summary

On September 23, 2021, Hannah Dempsey and Kathleen Hood (collectively, “Plaintiffs”), individually and on behalf of themselves and all others similarly situated, represented by Michael G. Phelan of Phelan Petty PLC, filed a personal property fraud lawsuit against Gerber Products Company (“Gerber” or “Defendant”), seeking declaratory and injunctive relief and damages, including restitution, disgorgement and pre-judgment and post-judgment interest, for the Defendant’s alleged unlawful, unfair, false and misleading manufacture, distribution and sale of the Baby Food Products produced by Defendant and unjust enrichment at the expense of Plaintiffs and members of the proposed Classes. This case was filed in U.S. District Court in the Eastern District of Virginia with Judge Liam O'Grady and Judge Theresa C. Buchanan presiding

 

In the complaint, the Plaintiffs alleged that, “Defendant does not disclose the Heavy Metal content of its Baby Food Products on its labels or in its marketing materials.” “Defendant also failed to warn consumers that the Baby Food Products may contain potentially dangerous levels of Heavy Metals.” “Defendant markets, advertises, represents, and warrants that the Baby Food Products it manufactures, distributes, and sells, are safe and suitable for consumption by babies.” 

 

The Plaintiffs further alleged that, “As alleged herein, Defendant’s marketing and advertising of its products is false, deceptive, and misleading to reasonable consumers because Defendant knows that Heavy Metals are harmful to babies and yet it sells the Baby Food Products nonetheless. Defendant’s marketing and advertising of its products is also false, deceptive, and misleading to reasonable consumers because Defendant failed to warn and disclose material facts regarding the Baby Food Products, namely, that they were unsafe and unsuitable for babies; that they contained Heavy Metals; the levels of the Heavy Metals; that internal testing showed that its products contained harmful Heavy Metals; and that its internal policies permitted the sale of baby foods with harmful Heavy Metals.”

 

The Plaintiffs list out six claims for relief. The first claim alleged is for Breach of Express Warranty. The second claim alleged is for Breach of Implied Warranty of Merchantability. The third claim alleged is for Negligent Misrepresentation. The fourth claim alleged is for Unjust Enrichment. The fifth claim alleged is for Violations of Connecticut Trade Practices Act Conn. Gen. Stat. §§ 42-110g, et seq., and the sixth claim alleged is for Violations of Missouri Merchandising Practices Act Mo. Rev. Stat. §§ 407 et seq.

 

In the prayer for relief, the Plaintiffs requested the Court to certify the Classes, appoint Plaintiffs as representatives of the Class, and designate Plaintiffs’ counsel as Class Counsel and award Plaintiffs and the Classes compensatory damages, in an amount exceeding $5,000,000, to be determined by proof. Furthermore, Plaintiffs requested that the Court award Plaintiffs and the Classes appropriate relief, including but not limited to, actual damages and declaratory and equitable relief, including restitution and disgorgement, and grant an order enjoining Defendant from continuing to engage in the wrongful acts and practices alleged herein. Finally, the Plaintiffs requested the Court award Plaintiffs and the Classes the costs of prosecuting this action and costs, pre-judgment and post-judgment interest, punitive damages and any other relief as this Court may deem just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-01080

  • Filing Date:

    09/23/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Presiding Judge

Liam O'Grady

Referral Judge

Theresa Carroll Buchanan

 

Party Details

Plaintiffs

Hannah Dempsey

Kathleen Hood

Defendant

Gerber Products Company

Attorney/Law Firm Details

Plaintiff Attorney

Michael G. Phelan

Attorney at Phelan Petty PLC

3315 West Broad Street

Richmond, VA 23230

 

Court Documents

#4

(#4) WAIVER OF SERVICE Returned Executed by Hannah Dempsey, Kathleen Hood. Gerber Products Company waiver sent on 9/27/2021, answer due 11/26/2021. (Phelan, Michael) (Entered: 09/28/2021)

3 #1

Notice to Attorney

#3

(#3) Summons Issued as to Gerber Products Company. NOTICE TO ATTORNEY: Print out two Electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice to Attorney)(choy, ) (Entered: 09/24/2021)

#2

(#2) Proposed Summons by Hannah Dempsey, Kathleen Hood. (Phelan, Michael) (Entered: 09/23/2021)

1 #2

Civil Cover Sheet Addendum

1 #1

Civil Cover Sheet

#1

(#1) Complaint ( Filing fee $ 402, receipt number AVAEDC-8013282.), filed by Hannah Dempsey, Kathleen Hood. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Addendum)(Phelan, Michael) (Entered: 09/23/2021)

 

Docket Entries

  • 09/28/2021
  • View Court Documents
  • Docket(#4) WAIVER OF SERVICE Returned Executed by Hannah Dempsey, Kathleen Hood. Gerber Products Company waiver sent on 9/27/2021, answer due 11/26/2021. (Phelan, Michael) (Entered: 09/28/2021)

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  • 09/28/2021
  • DocketCase Reassigned to District Judge Liam O'Grady and Magistrate Judge Theresa Carroll Buchanan. District Judge Leonie M. Brinkema, Magistrate Judge John F. Anderson no longer assigned to the case. (aott) (Entered: 09/28/2021)

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  • 09/24/2021
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  • Docket(#3) Summons Issued as to Gerber Products Company. NOTICE TO ATTORNEY: Print out two Electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice to Attorney)(choy, ) (Entered: 09/24/2021)

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  • 09/23/2021
  • DocketInitial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge John F. Anderson. (choy, ) (Entered: 09/24/2021)

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  • 09/23/2021
  • View Court Documents
  • Docket(#2) Proposed Summons by Hannah Dempsey, Kathleen Hood. (Phelan, Michael) (Entered: 09/23/2021)

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  • 09/23/2021
  • View Court Documents
  • Docket(#1) Complaint ( Filing fee $ 402, receipt number AVAEDC-8013282.), filed by Hannah Dempsey, Kathleen Hood. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Addendum)(Phelan, Michael) (Entered: 09/23/2021)

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