Judge refuses to toss NYC grandmother’s lawsuit accusing PediaSure maker of falsely saying it was ‘clinically proven’ to help kids grow taller
NY Post
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.
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