A Grandma Bought PediaSure To Help Her Grandson Grow — Now, Abbott Is In Federal Court - Abbott Laborator

Abbott Laboratories (NYSE:ABT) must defend against a proposed class-action lawsuit alleging it misled consumers into believing its PediaSure Grow & Gain nutritional drinks were clinically proven to help children grow taller, a federal judge ruled Thursday. U.S. District Judge Paul Engelmayer said consumers could reasonably interpret Abbott's marketing as referring to height growth, even though the company's claim that PediaSure was "clinically proven to help kids grow" did not explicitly specify the type of growth. The judge pointed to product packaging featuring a cartoon giraffe alongside ruler-like markings extending to the giraffe's head, noting that jurors could conclude that the term "grow" referred to height while "gain" referred to weight gain. Abbott's advertising campaigns were also cited as reinforcing the message of height growth. The lawsuit was filed in May 2023 by a grandmother who alleged her grandson remained short for his age and became overweight despite consuming two drinks daily for about a year. Abbott has maintained that PediaSure is designed for children ages 2 to 13 and is intended to help those at risk of low weight-for-height measurements improve within eight weeks. The judge rejected Abbott's effort to exclude testimony from a Columbia Business School professor who concluded that the company's marketing clearly conveyed that "grow" referred to height growth.

(Source：Benzinga)