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US · ongoing · ~6 min read

P&L Development v. Gerber

2026–present · store-brand infant formula

A would-be store-brand formula maker survived a motion to dismiss on September 18, 2026. It says Perrigo bought the only plant that could have supplied a new competitor.

The story

P&L says it was ready to sell store-brand formula and had even signed a supply memorandum with Gerber.

It alleges Perrigo, already strong in store brand, bought Gerber's Gateway plant and took that capacity.

The court let that antitrust theory proceed on September 18, 2026.

Why it matters

Infant formula capacity became a public issue after the 2022 shortage.

What was claimed

Buying the spare plant entrenched Perrigo and excluded a new entrant.

The other side

The companies can still prove other plants or imports were realistic options.

What it means for you

Store-brand formula on the shelf is not reorganized by this ruling.

Bottom line

The Gerber and Perrigo formula case is live after the September 18, 2026 ruling.

Timeline

  1. 18 September 2026

    Acquisition claim proceeds

    The Eastern District of New York refused to dismiss claims that Perrigo's purchase of Gerber's Gateway plant blocked a new store-brand entrant.

Key dates

Dismissal denied on the plant claim
18 September 2026

Formal snapshot

Summary: P&L Development says Gerber and Perrigo monopolized store-brand infant formula sold to U.S. retailers, including by Perrigo acquiring the plant capacity a new entrant needed. On September 18, 2026 the court denied Gerber's motion to dismiss those claims.

Regulator / plaintiff argument: The plaintiff says it was a prepared entrant and the plant was the only spare domestic capacity that could supply it.

Outcome: The acquisition claims remain in the case. The court said alternatives such as Abbott, Mead Johnson, or imports are factual questions, not a reason to dismiss.

Conduct tags

mergerrefusal to dealmarket access

Laws referenced

  • Sherman Act §2 — 15 U.S.C. §2
  • Clayton Act §7 — 15 U.S.C. §18

Companies

Sources

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