Perrigo agrees to pay $10M to settle store-brand infant formula antitrust claims

Estimated reading time: 8 minutes.

Key facts

Case: Conry v. Gerber Products Co., No. 1:24-cv-06784, U.S. District Court for the Eastern District of New York (Brooklyn), before U.S. District Judge Nina Gershon.
Settlement: Perrigo has agreed to pay $10 million to resolve consumer antitrust claims against it over store-brand infant formula, according to a settlement motion filed on October 13, 2026, as reported by Law360 and MLex.
Status: The deal needs the court's approval. As of October 15, 2026, there is no settlement website, no claim form, and no claim deadline.
Who could be covered: The complaint proposes a class of people in the United States who, since April 22, 2020, bought store-brand infant formula made or sold by Perrigo at retail, for personal use and not for resale. The settlement class definition will be set by the settlement papers and the court.
Gerber is not settling: Gerber Products Company remains a defendant, and the case continues against it.
The allegations: The plaintiffs allege Perrigo and Gerber made an agreement that kept a would-be competitor out of the store-brand formula market. These are allegations, not findings.

What was announced

Perrigo has agreed to pay $10 million to settle a proposed class action brought by consumers who say they paid too much for store-brand baby formula. Law360 reported on October 14, 2026 that the agreement was disclosed in a motion filed in New York federal court on Tuesday, October 13. MLex also reported the $10 million figure and said the settlement is subject to approval by a federal judge.

The federal court docket shows that two documents were filed in the case on October 13, 2026: a filing labeled as a settlement (docket entry 186) and a letter (entry 187). The settlement papers themselves were not publicly available on the free CourtListener archive when this article was published, so Class Action Pulse has not reviewed the full terms.

The settlement would resolve the consumer claims against Perrigo only. It does not resolve the claims against co-defendant Gerber.

Who the parties are

Perrigo. The defendants named in the case are Perrigo Company plc, L. Perrigo Company, and PBM Nutritionals, LLC. Perrigo makes store-brand consumer health products. The complaint alleges Perrigo is the only manufacturer of store-brand infant formula sold to U.S. retailers. Store-brand formula is sold under a retailer's own label. The complaint lists Walmart, Kroger, CVS, Target, Meijer, Rite Aid, Costco, and Walgreens among those retailers.

Gerber Products Company. Gerber sells infant formula under its own Good Start brand. It is a co-defendant and has not settled.

The plaintiffs. The lead plaintiff is Thomas Conry, a California resident, joined by 15 other named plaintiffs from several states. They sued as indirect purchasers, meaning they bought formula from stores rather than directly from Perrigo.

What the lawsuit alleges

The plaintiffs allege that Perrigo and Gerber had an agreement giving Perrigo a "first right" to Gerber's excess formula production capacity. According to the complaint, that agreement let Perrigo block any new company from using Gerber's capacity to enter the store-brand market.

The complaint claims this protected Perrigo's monopoly and its profits, and that retailers passed the higher prices on to shoppers. It also alleges that Gerber would share in Perrigo's profits in exchange.

The original complaint asserted claims under Sections 1 and 2 of the Sherman Act, seeking an order to stop the conduct, along with damages under state antitrust, unfair competition, and unjust enrichment laws. It describes a highly concentrated industry in which four manufacturers, Gerber, Perrigo, Abbott, and Mead Johnson, account for 99 percent of U.S. infant formula sales. The complaint cites a Perrigo statement that its store-brand formula sells at roughly a 50 percent discount to the major national brands.

Perrigo's annual report for 2025 describes the case as involving allegations, and states that Perrigo intended to continue to vigorously defend itself. Reports on the settlement say both Perrigo and Gerber deny wrongdoing. No court has found that either company broke the law.

These are allegations

A settlement is not a finding of wrongdoing. The court has not ruled on whether Perrigo or Gerber violated antitrust law, and Gerber is still contesting the claims.

The business dispute behind the case

The consumer case grew out of a business dispute. P&L Development, LLC, known as PLD, sued Gerber, Perrigo, and Nestlé in the same Brooklyn court on September 28, 2021, in P&L Development, LLC v. Gerber Products Co., No. 1:21-cv-05382.

As described in the consumer complaint and in Perrigo's annual report, PLD says it signed a deal with Gerber for Gerber to supply PLD with formula, so PLD could compete with Perrigo in the store-brand market. The complaint alleges that in May 2021, Gerber put that deal "on hold" because of its agreement with Perrigo. The complaint says that when PLD later sought assurances, Gerber "denied the very existence" of the contract. Gerber disputes PLD's account.

Both cases also challenge Perrigo's purchase of Gerber's Gateway infant formula plant in Wisconsin. In September 2026, MLex reported that Judge Gershon denied Gerber's motion to dismiss PLD's claim that the acquisition raised barriers to entry.

Perrigo's annual report groups the two lawsuits together as the "PLD & Conry Litigation." On August 31, 2026, the parties told the court that Perrigo had reached settlements. MLex reported that the settlements resolved antitrust claims over store-brand formula, and Law360 described Perrigo as settling "a couple of lawsuits." The terms of any settlement with PLD have not been reported.

Timeline of the case

September 28, 2021: PLD files its antitrust suit in the Eastern District of New York.
April 22, 2024: Consumers file the Conry complaint in the U.S. District Court for the Eastern District of Virginia.
June 20, 2024: The plaintiffs file a first amended complaint.
September 26, 2024: The case is transferred to the Eastern District of New York and assigned No. 1:24-cv-06784.
August 31, 2026: The parties notify the court that Perrigo has reached settlements.
October 13, 2026: A settlement motion is filed, disclosing the $10 million payment, according to Law360.

Who might be covered

The original complaint proposed a nationwide class of "All persons in the United States who, from April 22, 2020 to the present," indirectly purchased store-brand infant formula "for personal use and not for resale that was manufactured or sold by Perrigo." It also proposed a damages class for buyers in states whose laws allow indirect purchasers to sue. The plaintiffs estimated that each class includes millions of people.

Those were proposals in a complaint. The settlement class could be defined differently, and it will not be final until the court approves it. If you bought store-brand formula at a major retailer since 2020, keeping receipts or loyalty-card records may help if a claim process opens. For cases with open claims now, see our list of class action cases you can join.

There is no claim form yet

No settlement website or claim process exists. If the court grants preliminary approval, class members would typically get notice explaining how to file, the deadlines, and how to opt out or object.

What is not known yet

Several key details were not in public sources reviewed for this article:

The exact settlement class definition and class period.
How the $10 million will be divided, and how much individual buyers could receive.
How much class counsel will seek in fees.
Whether any non-money terms are included. Some secondary reports describe conduct and cooperation commitments by Perrigo. Class Action Pulse could not confirm those terms in a primary document and will update this article once the settlement papers are reviewed.

Watch for the official notice

Any legitimate claim process will be announced through a court-approved notice and a settlement administrator. Do not pay anyone to file a claim for you.

What happens next

Judge Gershon will decide whether to grant preliminary approval. If the court does, it will set deadlines for claims, opt-outs, and objections, and schedule a final approval hearing.

The claims against Gerber continue in both the consumer case and the PLD case. Class Action Pulse will update this article when the settlement papers or a court ruling on them become available.

Frequently asked questions

How much is the Perrigo infant formula settlement?

$10 million, according to a settlement motion filed October 13, 2026, as reported by Law360 and MLex.

Can I file a claim now?

No. The settlement needs court approval first. There is no claim form, website, or deadline yet.

Who might qualify?

The complaint proposed a class of U.S. buyers who, since April 22, 2020, bought store-brand infant formula made or sold by Perrigo for personal use. The final settlement class definition depends on the settlement papers and the court.

Which brands of formula are involved?

The case concerns store-brand formula, which is sold under a retailer's own label rather than a national brand. The complaint lists retailers such as Walmart, Kroger, CVS, Target, Costco, and Walgreens.

Is Gerber part of the settlement?

No. Gerber has not settled, and the claims against it continue.

Did Perrigo admit wrongdoing?

There is no public admission. Perrigo has said in its annual report that it would vigorously defend itself, and reports on the settlement say it denies wrongdoing.