Joanne Noriega: Abbott Labs faces lawsuit over alleged misleading height claims of PediaSure
MANHATTAN, NEW YORK: A woman from New York City filed a lawsuit against Abbott Laboratories on Monday, May 15, alleging that the healthcare company deceived consumers by falsely claiming that its PediaSure nutrition drinks were "clinically proven" to enhance children's height. Joanne Noriega, in a proposed class action filed in the federal court in Manhattan, stated that she purchased 'PediaSure Grow & Gain' vanilla and strawberry drinks for her 8-year-old grandson, who was shorter than average for his age. She believed that these drinks would aid in his growth and help him become taller.
According to the lawsuit, despite giving her grandson two PediaSure drinks per day for a year, he did not grow taller but became overweight instead. As a result, Noriega stopped buying the drinks in February. Noriega criticized PediaSure as being nothing more than a flavored beverage containing sugar and milk, with added vitamins, emphasizing that it is not a remedy for short stature. She further alleged that Abbott "knows from its own studies that its Clinically Proven Claim is false and misleading."
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Who is the owner of PediaSure?
PediaSure falls under the pediatric nutritional division of Abbott Laboratories, a company headquartered in Abbott Park, Illinois. Abbott Laboratories, known for its noteworthy contributions to the healthcare sector, is led by Robert B Ford, who currently holds the position of CEO at the company's headquarters in Abbott Park, Illinois. Before assuming the role of CEO, Ford held several other significant positions at Abbott Laboratories. He previously served as the President and Chief Operating Officer, playing a crucial role in overseeing the company's operations and overall performance. Additionally, Ford held the position of Executive Vice President, Medical Devices, where he provided leadership to Abbott's Diabetes Care, Cardiovascular, and Neuromodulation businesses.
Abbott's pediatric segment also includes other brands such as Pedialyte and Similac. The Senior Brand Manager for PediaSure, Kevin Stephan, has held the position since March 2018, accumulating a tenure of 5 years and 3 months as of the present time.
What did PediaSure promise in its ad?
According to Abbott, 'PediaSure Grow & Gain' is a nutrition product that has been clinically proven to support children's growth. It claims to serve as a tasty supplement for children who may be lagging in their growth. Each shake of PediaSure provides 7g of protein and 27 essential vitamins and minerals, including 7 key nutrients that contribute to immune support. The product is available in four different flavors and comes in a convenient, reclosable bottle, which allegedly makes it ideal for children who are constantly on the move.
Abbott states that PediaSure is specifically formulated for children between the ages of 2 and 13. The company claims that clinical studies have demonstrated PediaSure's effectiveness in helping children improve their weight-for-height percentiles, particularly for those in the at-risk range of the 5th to 25th percentiles. According to Abbott, noticeable improvements in weight-for-height percentiles can be observed within eight weeks of using PediaSure.
Statement by Abbott
The lawsuit is seeking unspecified damages on behalf of New Yorkers who claim they were misled into purchasing or paying more for PediaSure. "This case is without merit," Abbott said in a statement, per NASDAQ. "PediaSure is a scientifically designed complete and balanced nutrition solution for children to help support growth and development."