- February 3, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Judge denies Abbott Laboratories’ bid to dismiss lawsuit over PediaSure marketing
A New York City grandmother’s lawsuit against Abbott Laboratories, claiming the company misled consumers into believing its PediaSure Grow & Gain nutrition drinks were “clinically proven” to help children grow taller, has been allowed to proceed by U.S. District Judge Paul Engelmayer in Manhattan.
The plaintiff, Joanne Noriega, cited three studies funded by Abbott itself that found no connection between PediaSure and growth in height. The judge rejected Abbott’s attempt to dismiss the lawsuit, stating that 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.
Noriega, who bought PediaSure for her 8-year-old grandson, said she believed the drinks would help him get taller. However, after a year of consuming two PediaSure drinks per day, her grandson was still short but had become overweight, leading her to stop purchasing the drinks.
Noriega’s lawyer, James Denlea, expressed satisfaction with the decision, which allows his client to gather more evidence through the discovery process. The lawsuit seeks unspecified damages for New Yorkers who were deceived into buying or overpaying for PediaSure.
Abbott has maintained that PediaSure helps children “grow out of at-risk weight-for-height percentiles (5th-25th percentiles)” within eight weeks. The company’s pediatric nutritional segment also includes Pedialyte and Similac.
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