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JUDGE REFUSES TO TOSS NYC GRANDMOTHER’S LAWSUIT ACCUSING PEDIASURE MAKER OF
FALSELY SAYING IT WAS ‘CLINICALLY PROVEN’ TO HELP KIDS GROW TALLER
By
Reuters
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A judge has rejected Abbott Laboratories’ effort to dismiss a New York City
grandmother’s lawsuit claiming it misled consumers into believing its PediaSure
Grow & Gain nutrition drinks were “clinically proven” to help children grow
taller.
US District Judge Paul Engelmayer in Manhattan said Friday that Joanne Noriega’s
complaint set forth “strong, evidence-backed reasons” to doubt Abbott’s claim
that clinical studies supported its marketing claims.
Noriega cited three studies funded by Abbott itself that found no connection
between PediaSure and growth in height.
“The existence of studies contradicting the label’s claim reinforce the
plausibility of the complaint’s allegation that the label would mislead a
reasonable consumer,” Engelmayer wrote.
Abbott and its lawyers did not immediately respond to requests for comment after
business hours.
Noriega of the Bronx said she had bought PediaSure Grow & Gain vanilla and
strawberry drinks for her 8-year-old grandson, who was “short for his age,”
believing they would help him get taller. She said that after a year of drinking
two PediaSure drinks per day, her grandson was still short but had become “so
overweight” that she stopped buying the drinks.
3
The plaintiff bought PediaSure Grow & Gain vanilla and strawberry drinks for her
8-year-old grandson, who was “short for his age,” believing they would help him
get taller. Abbott
James Denlea, a lawyer for Noriega, said in an interview he was pleased with the
decision, which lets his client gather more evidence through the discovery
process.
Abbott had access to studies that “completely debunked any notion that its
milkshake could help children grow,” Denlea said. “The marketing was misleading,
and Abbott knew that to be the case.”
3
The lawsuit seeks unspecified damages for New Yorkers who were deceived into
buying or overpaying for PediaSure. Robert Miller
The lawsuit seeks unspecified damages for New Yorkers who were deceived into
buying or overpaying for PediaSure.
Abbott has said PediaSure is intended for children ages 2 to 13, and helps them
“grow out of at-risk weight-for-height percentiles (5th-25th percentiles)”
within eight weeks.
3
PediaSure is part of the Abbott Park, Illinois-based company’s pediatric
nutritional segment REUTERS
10
What do you think? Post a comment.
PediaSure is part of the Abbott Park, Illinois-based company’s pediatric
nutritional segment, which also includes Pedialyte and Similac.
The case is Noriega v Abbott Laboratories, U.S. District Court, Southern
District of New York, No. 23-04014.
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The plaintiff bought PediaSure Grow & Gain vanilla and strawberry drinks for her
8-year-old grandson, who was "short for his age," believing they would help him
get taller. Abbott
The lawsuit seeks unspecified damages for New Yorkers who were deceived into
buying or overpaying for PediaSure. Robert Miller
PediaSure is part of the Abbott Park, Illinois-based company's pediatric
nutritional segment REUTERS
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