People who bought store-brand infant formula made or sold by Perrigo since April 2020 stand to be covered by a proposed $10 million settlement Perrigo reached in an antitrust class action over an alleged deal with Gerber. The settlement still needs court approval, so there is no settlement website, claim form or deadline yet.
Proposed Settlement · Not Yet Approved
This article describes a proposed settlement that the court has not approved. Perrigo denies wrongdoing, Gerber remains a defendant and denies the claims, and no court has found either company liable. There is nothing to claim yet. This page is informational and is not legal advice.
What Is the Perrigo Baby Formula Settlement?
Perrigo agreed to pay $10 million to settle a proposed class action brought by consumers who bought store-brand infant formula, according to a Reuters report on a settlement motion filed on October 13, 2026. The case is Conry v. Gerber Products Company, No. 1:24-cv-06784, in the U.S. District Court for the Eastern District of New York before Judge Nina Gershon. It was filed in federal court in Virginia on April 22, 2024 and moved to Brooklyn that September.The complaint describes Perrigo as the dominant maker of the store-brand formula sold under retailers’ own labels. The complaint lists Walmart, Kroger, CVS, Target, Meijer, Rite Aid, Costco and Walgreens as examples of retailers that sell store-brand formula. Perrigo’s quarterly report for the period ended June 27, 2026 disclosed an agreement in principle to settle both this case and a related suit by P&L Development, and said the court had paused both cases against Perrigo while the deals were finalized.
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Who Is Covered?
Reuters reported that the settlement covers people who bought store-brand infant formula manufactured or sold by Perrigo since April 2020, a group the plaintiffs’ lawyers estimate in the millions. The original complaint proposed a nationwide class of U.S. consumers who bought Perrigo-made store-brand formula for personal use, not for resale, from April 22, 2020 onward, and a damages class covering purchasers in every state, the District of Columbia, Puerto Rico and the U.S. Virgin Islands. The exact settlement class wording will be in the settlement agreement and the court’s approval order; OCA has not yet seen the agreement.What Did the Lawsuit Allege?
The plaintiffs allege that a would-be competitor, P&L Development, signed a binding agreement with Gerber in February 2021 under which Gerber would make formula for P&L to sell to retailers as store brand. They allege that Gerber and Perrigo already had an undisclosed agreement giving Perrigo a “first right” to Gerber’s excess production capacity, that Perrigo used it once it learned of the P&L deal, and that Gerber put the P&L partnership on hold on May 12, 2021, a day before P&L was to meet with Walmart. According to Perrigo’s filing, the complaints also challenge Perrigo’s purchase of Gerber’s Gateway infant formula plant as anticompetitive.The plaintiffs claim this kept a competitor out of the store-brand market and led consumers to pay higher prices. They brought claims under the Sherman Act, state antitrust and unfair competition laws, and unjust enrichment. Perrigo denied wrongdoing in settling, and Gerber also denies the claims. No court has decided whether the allegations are true.
What Does Perrigo Agree to Do?
According to Reuters, Perrigo will pay $10 million, will not enter agreements with other infant formula businesses that limit competition for store-brand formula without a legitimate business reason for three years, and will cooperate with the plaintiffs in the continuing case against Gerber, including making its directors, officers and employees available to testify and providing transaction data. How the $10 million would be divided, and how much individual buyers might receive, has not been announced.What Happens Next?
The court must first decide whether to grant preliminary approval. If it does, it will appoint a settlement administrator and approve a notice plan, and a settlement website with a claim form, deadlines and payment details would follow. The case against Gerber continues separately; according to Perrigo’s quarterly report for the period ended June 27, 2026, fact discovery had closed, expert discovery was under way and class certification had not yet been briefed.Questions
Who is covered by the Perrigo baby formula settlement?
Reuters reported that the proposed settlement covers people who bought store-brand infant formula made or sold by Perrigo since April 2020. Store-brand formula is sold under retailers’ own labels at stores such as Walmart, Kroger, CVS, Target and Costco. The exact class definition will be in the settlement agreement and the court’s approval order.
How do I file a claim in the Perrigo baby formula settlement?
There is no claim form yet. As of October 20, 2026, the court had not granted preliminary approval, and no settlement administrator or website had been announced. If the court approves the settlement, a claim process and deadlines would be announced then.
How much will people get from the Perrigo settlement?
No per-person amount has been announced. Perrigo agreed to pay $10 million in total, and how that money would be divided among buyers, after any court-approved fees and costs, will depend on the settlement terms and the number of claims.
Is Gerber part of the Perrigo settlement?
No. Only Perrigo is settling. Gerber remains a defendant, denies the claims, and the case against it continues in federal court in Brooklyn.
Sources
• Conry v. Gerber Products Company, No. 1:24-cv-06784-NG-AYS (E.D.N.Y.): class action complaint (filed April 22, 2024 in the Eastern District of Virginia); settlement motion (ECF No. 186, October 13, 2026)• Reuters, “Perrigo to pay $10 million to settle US class action over baby formula prices” (October 14, 2026)
• Perrigo Company plc Form 10-Q for the quarter ended June 27, 2026, Note 16 (PLD and Conry actions)
