A choose has rejected Abbott Laboratories’ effort to dismiss a New York Metropolis grandmother’s lawsuit claiming it misled shoppers into believing its PediaSure Grow & Gain nutrition drinks were “clinically proven” to help children grow taller.
US District Choose Paul Engelmayer in Manhattan mentioned Friday that Joanne Noriega’s grievance set forth “robust, evidence-backed causes” to doubt Abbott’s declare that medical research supported its advertising and marketing claims.
Noriega cited three research funded by Abbott itself that discovered no connection between PediaSure and development in peak.
“The existence of research contradicting the label’s declare reinforce the plausibility of the grievance’s allegation that the label would mislead an inexpensive client,” Engelmayer wrote.
Abbott and its legal professionals didn’t instantly reply to requests for remark after enterprise hours.
Noriega of the Bronx mentioned she had purchased PediaSure Develop & Acquire vanilla and strawberry drinks for her 8-year-old grandson, who was “quick for his age,” believing they’d assist him get taller. She mentioned that after a 12 months of ingesting two PediaSure drinks per day, her grandson was nonetheless quick however had develop into “so chubby” that she stopped shopping for the drinks.
James Denlea, a lawyer for Noriega, mentioned in an interview he was happy with the choice, which lets his consumer collect extra proof via the invention course of.
Abbott had entry to research that “fully debunked any notion that its milkshake may assist youngsters develop,” Denlea mentioned. “The advertising and marketing was deceptive, and Abbott knew that to be the case.”
The lawsuit seeks unspecified damages for New Yorkers who have been deceived into shopping for or overpaying for PediaSure.
Abbott has mentioned PediaSure is intended for children ages 2 to 13, and helps them “develop out of at-risk weight-for-height percentiles (Fifth-Twenty fifth percentiles)” inside eight weeks.
PediaSure is a part of the Abbott Park, Illinois-based firm’s pediatric dietary section, which additionally contains Pedialyte and Similac.
The case is Noriega v Abbott Laboratories, U.S. District Court docket, Southern District of New York, No. 23-04014.