Abbott Labs must face lawsuit over PediaSure children's growth claims
A federal judge ruled that Abbott Laboratories must defend against a class-action lawsuit regarding misleading PediaSure growth claims.Summary
A U.S. District Judge has ruled that Abbott Laboratories must face a proposed class-action lawsuit alleging the company misled consumers regarding its PediaSure Grow & Gain nutrition drinks. The lawsuit claims that the product's marketing, including labels featuring a cartoon giraffe and ruler-like marks, falsely suggested the drinks were "clinically proven" to increase a child's height.
Judge Paul Engelmayer noted that while Abbott's claims did not explicitly specify the type of growth, the visual branding and commercials—such as an advertisement featuring a boy playing basketball—could lead consumers to believe the product promoted height growth. The lawsuit was initiated by Joanne Noriega, who alleged that after her grandson consumed the drinks for a year, he remained short but became significantly overweight.
Abbott Laboratories has defended its labeling as "appropriate" and scientifically supported, stating they are confident the evidence will prove the allegations unfounded. The judge also allowed testimony from a Columbia Business School professor regarding how the marketing was perceived by consumers, despite Abbott's attempts to exclude it.
(Source：Reuters)