On February 10, 2020, a proposed class action was filed in New York Supreme Court, New York County, against Baby Brezza Enterprises LLC, the manufacturer of automatic baby formula mixing machines Baby Brezza Formula Pro and Formula Pro Advanced, alleging that the products in question failed to perform as advertised.
In the complaint, named plaintiff Jon Borgese alleges that the defendant markets the products as automatically mixing the “perfect” amount of baby formula and water. However, according to the plaintiff, the machines did not perform as marketed and instead routinely mixed less formula than required for proper nutritional value. The plaintiff alleges that, as a result of the use of the Baby Brezza Formula Pro, his child experienced weight loss and required medical visits. According to the complaint, the defendant was aware of the issues with the machine and had been receiving complaints about the product for years. Despite allegedly knowing about the faults associated with the product, Defendant continued to market it as safe to an unknowing public. Defendant additionally failed to notify purchasers of the problems associated with the product or to issue a recall.
The plaintiff seeks to represent a class comprised of all New York residents who purchased Baby Brezza Formula Pro and Formula Pro Advanced machines. The suit brings causes of action for strict liability-failure to warn, strict liability-defective design, negligence, negligent failure to recall, common law fraud, fraud by concealment, unjust enrichment, breach of the implied warranty of merchantability and express warranty and violation of New York General Business Law Sections 349 and 350.
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