Your current location is:{Current column} >>Text
Abbott Labs must face lawsuit over PediaSure height claims By Reuters
{Current column}4963People have watched
IntroductionBy Jonathan StempelNEW YORK (Reuters) -A judge has rejected (NYSE:)' effort to dismiss a New York C ...
By Jonathan Stempel
NEW YORK (Reuters) -A judge has rejected (NYSE:)' 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.
U.S. District Judge Paul Engelmayer in Manhattan said on Is Forex Club Foreign Exchange Platform formal?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.
"This case is without merit," Abbott said in a statement on Saturday, adding that PediaSure is a scientifically designed nutrition solution for children to help support growth and development.
Noriega, from Bronx, New York, 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.
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."
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.
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.
Statement: The content of this article does not represent the views of FTI website. The content is for reference only and does not constitute investment suggestions. Investment is risky, so you should be careful in your choice! If it involves content, copyright and other issues, please contact us and we will make adjustments at the first time!
Tags:
Related articles
Buffett's Berkshire posts $35.5 billion profit, buys back more stock By Reuters
{Current column}By Jonathan StempelOMAHA, Nebraska (Reuters) - Warren Buffett's Berkshire Hathaway (NYSE:) Inc poste ...
Read moreOil on track for biggest monthly gains in over a year By Reuters
{Current column}By Florence TanSINGAPORE (Reuters) - Oil prices hovered near three-month highs on Monday, set to pos ...
Read moreOil prices steady as strong dollar offsets bullish inventory draw By
{Current column}-- Oil prices rose slightly on Thursday after steep losses in the prior session, with a recovery in ...
Read more
Popular Articles
- Saudi Arabia economy grew 3.9% in Q1 boosted by non
- Apple heads for largest Q3 revenue drop since 2016 as iPhone sales slow By Reuters
- Aramco Q2 profit drops 38% to $30.1 billion, boosts dividend By Reuters
- Walmart, Chevron, Adobe rise premarket; Johnson & Johnson, Carvana fall By
- U.S. yields climb, S&P futures close higher after jobs report By Reuters
- S&P 500 slips as tech continues bleed ahead of inflation data By
Latest articles
-
Biden cancels Australia visit as debt ceiling default nears
-
Dow futures move higher, Disney lifts 2.5% after earnings By
-
4 big analyst cuts: Qualcomm slashed on 'soft commentary' and 2024 headwinds By
-
U.S. Stock Market Rally Threatened by Rising Treasury Yields
-
Stocks gain, dollar slides, as banking fear eases By Reuters
-
Warner Bros Discovery, KKR, Cinemark rise premarket; Tyson Foods, Yellow Corp fall By