Baby Brezza Formula Maker lawsuit (Levitas v. Baby Brezza Enterprises)

Four mothers have filed a proposed nationwide class action saying Baby Brezza's automatic formula makers can dispense too little powder, which can leave bottles watered down. The case is Levitas v. Baby Brezza Enterprises LLC, No. 1:26-cv-07465, in the U.S. District Court for the Southern District of New York. It was filed on September 1, 2026, and drew new attention in late October 2026.

The suit covers three models, the Formula Pro, Formula Pro Advanced and Formula Pro Mini. It seeks money for people who bought one, or had one bought for them from a baby registry. It focuses on those economic losses and does not bring personal injury claims for children. No court has ruled, no class has been certified and there is no settlement or recall. This page explains what the complaint says, how Baby Brezza has answered similar criticism and what parents can do now.

The defendants are Baby Brezza Enterprises LLC and its parent, The Betesh Group Holding Corporation. The complaint describes both as New York entities with their main offices in Newark, New Jersey. Baby Brezza makes the Formula Maker, a countertop machine that mixes powdered formula with warm water at the push of a button. The complaint says the machines generally sell for around $200.

The plaintiffs are Alexis Levitas of Illinois, Caroline Somerstein of New Jersey, and Dalia Horowitz and Anna Jubas of New York. The complaint says:

• Levitas bought a Formula Pro Advanced for $199.99 in June 2024 and later received a second unit as a registry gift.
• Somerstein received a Formula Pro Mini from her registry in 2023, and her baby lost weight and was hospitalized around December 2023.
• Horowitz bought Formula Maker machines in October 2022 and November 2023.
• Jubas received a Formula Pro Advanced as a registry gift, and her baby fell from about the 45th to about the 5th weight percentile by around May 2025.

Their lawyers are Jason and Kenneth Bressler of Bressler LLP in New York.

These events come from the complaint and the public records it cites.

• 2016 onward: the complaint says parents filed reports with the Consumer Product Safety Commission describing watery bottles, including one dated July 21, 2016.
• 2020 and 2021: three earlier lawsuits made similar claims, Borgese (S.D.N.Y., February 2020), Nahai (D.N.J., April 2020) and Buscha (W.D. Tex., July 2021). The complaint says all settled or were voluntarily dismissed before any ruling on the merits.
• March 13, 2020: The New York Times reported that five pediatricians said they had treated Brezza-fed babies for failure to thrive, according to the complaint.
• January 23, 2024: Consumer Reports published lab tests. In an 8-ounce bottle trial, the Formula Pro Advanced averaged 15 percent less powder than the lab control, and the WiFi model averaged 24.3 percent less.
• September 1, 2026: Levitas v. Baby Brezza was filed.
• October 27, 2026: FOX 5 DC reported that Baby Brezza has until November 18 to respond, according to Bressler LLP.

Consumer Reports quoted a pediatric nutrition expert with the American Academy of Pediatrics who said errors above about 5 percent in either direction may start to affect growth.

The complaint says the machines have a common defect that makes them dispense less powder than they should, even when set up, cleaned and used as directed. It says Baby Brezza marketed the machines as more accurate than hand scooping while it knew about the problem from consumer reports, federal complaints, news coverage and lawsuits. It also says the company's website review filter made one-star reviews harder to find.

The complaint brings two claims, fraud and breach of express warranty. These are accusations, not findings.

Baby Brezza has not filed a response in court that Class Action Pulse could find, and FOX 5 reported no comment. The company has defended the machines before. In its response to Consumer Reports, it said it is "100% confident in the dispensing accuracy of the Formula Pro Advanced" and disagreed with the findings. It said it confirmed that Setting 4 is correct for the formula Consumer Reports used and that its testing accounts for natural variability in formula powder. Consumer Reports also published earlier company statements saying proper setup and operation are essential. Those statements predate this lawsuit.

The court has decided nothing. The complaint was filed on September 1, 2026, with a jury demand. According to the plaintiffs' lawyers, as reported by FOX 5, Baby Brezza's response is due November 18, 2026.

No judge has found that the machines are defective, that Baby Brezza misled buyers or that any baby was harmed by a machine. No class has been certified. The complaint says Baby Brezza has never recalled the machines, and Class Action Pulse found no recall announcement.

The proposed class is all persons in the United States who bought a new Formula Maker, or who chose one for themselves or their household and had someone else buy it for them, mainly for personal, family or household use and not for resale. That second group covers baby registry gifts.

The complaint defines the Formula Maker as the Formula Pro, Formula Pro Advanced and Formula Pro Mini. The proposed class excludes the defendants and their employees, the judge and the judge's family, and anyone who already released these claims, which could include people who settled one of the earlier cases.

The complaint says Baby Brezza told The New York Times it had sold about 500,000 units in the United States by 2020. That is the company's figure as quoted in the complaint, not a class size.

• If your baby has slow weight gain, seems hungry after feedings or has other feeding concerns, talk to your pediatrician first.
• Find proof of purchase, such as a receipt, order history or registry record, and note the model and purchase date.
• If you suspect a dispensing problem, write down what you saw and keep the machine.
• You can report a product safety problem to the Consumer Product Safety Commission at SaferProducts.gov.
• Be wary of anyone who asks for money to join a class action.

Nothing is available now. The complaint asks for damages, including the difference between the price paid and what the machine was actually worth, plus interest and attorneys' fees. The complaint brings economic loss claims, not claims for a child's medical problems. Any payment would require a court approved settlement or a win at trial.

• January 23, 2024: Consumer Reports test results published.
• September 1, 2026: Levitas v. Baby Brezza filed.
• November 18, 2026: Baby Brezza's response deadline, as reported by FOX 5 citing the plaintiffs' firm.

There is no claim deadline because there is no settlement. Separate personal injury claims follow different rules and time limits, which vary by state.

• Proposed class action: a lawsuit filed for a group that a judge has not yet approved as a class.
• Express warranty: a specific promise a seller makes about how a product will perform.
• Fraud claim: a claim that a company knowingly made false statements or hid facts that buyers relied on.
• Failure to thrive: an older term for poor weight gain in infants. Consumer Reports notes the AAP now prefers "malnutrition."
• Weight percentile: how a baby's weight compares with other babies of the same age and sex.

Baby Brezza is expected to answer or move to dismiss by its deadline. If the case survives, the parties would exchange evidence, and the plaintiffs would later ask the court to certify the class. Earlier cases over the same machines ended before any ruling on the merits. Class Action Pulse will update this page when the court acts.

Lawsuit facts come from the filed complaint and Bressler LLP's case page. Test results come directly from Consumer Reports. Baby Brezza's position comes from its own response to Consumer Reports and statements Consumer Reports published, all made before this suit. The response deadline comes from FOX 5's report citing the plaintiffs' firm. Class Action Pulse did not review the full court docket or the earlier New York Times article directly.

Class Action Pulse is not a law firm or settlement administrator and does not guarantee eligibility or payment. This article is general information, not legal advice.