PBM Products, Inc. v. Mead Johnson & Co.

MEMORANDUM OPINION

SPENCER, District Judge.

THIS MATTER comes before the Court on Defendant Mead Johnson & Company’s (“Mead”) motion for partial summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, seeking to dismiss the claim of Plaintiff PBM Products, Inc. (“PBM”) for prospective corrective advertising expenditures. For the reasons that follow, Defendant’s motion is DENIED.

I

Mead and PBM are competitors in the infant formula industry. PBM specializes in “store” brands (i'.e., Wal-Mart formula, Kroger). When PBM started selling infant formula in 1997, private label…