A judge denied Abbott Laboratories‘ ABT attempt to dismiss a lawsuit by a New York City grandmother regarding the efficacy of its PediaSure Grow & Gain nutrition drinks.
The woman has alleged that the company misled consumers about the efficacy of its PediaSure Grow & Gain nutrition drinks by falsely claiming that they were “clinically proven” to boost children’s height, Reuters reported.
On Friday, U.S. District Judge Paul Engelmayer stated that Joanne Noriega’s complaint presented compelling, evidence-backed reasons to question Abbott’s assertion of clinical studies supporting their marketing claims regarding PediaSure Grow & Gain nutrition drinks.
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In the Bronx, Noriega reportedly purchased PediaSure Grow & Gain drinks, hoping they’d aid her grandson’s height.
Despite a year of regular consumption, he didn’t grow any taller and, instead, gained excessive weight, prompting her to stop buying, she said.
Noriega further referenced three studies funded by Abbott that concluded that there was no correlation between PediaSure and an increase in height, the report read.
“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, according to Reuters.
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“This case is without merit,” Abbott told Reuters in a statement on Saturday, adding that PediaSure is a “scientifically designed nutrition solution for children to help support growth and development.”
The legal action aims for unspecified damages on behalf of deceived New Yorkers who purchased or overpaid for PediaSure.
Price Action: ABT shares closed lower by 2.08% to $112.11 on Friday. Shares gained 0.21% to $112.35 afterhours.
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