Abbott class action claims company falsely advertises toddler drinks as healthy

Abbott toddler drinks class action:

• Who: Abbott Laboratories is being sued by California consumers.
• Why: The plaintiffs say the company falsely advertises the health benefits of its toddler drinks.
• Where: The Abbott toddler class action lawsuit was filed in a California federal court. 

Abbott’s Go & Grow 360 Total Care toddler drinks mislead parents by advertising health benefits that the product doesn’t actually provide, a new class action lawsuit claims.

A group of California consumers filed the class action complaint against Abbott Laboratories on Sept. 5 in a California federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, Abbott implements deceptive marketing practices for its toddler drinks, advertising them as healthy when they actually contain added sugars that may harm young children. 

Plaintiff Alana Gutierrez says the toddler drinks violate U.S. Food and Drug Administration (FDA) regulations. 

The regulations prohibit nutrient content claims on products intended for children under the age of two, yet Abbott markets the toddler drink as promoting “immune support” and “brain development,” along with containing “28 essential nutrients,” the lawsuit states. 

The product is aimed at children between 12 and 36 months, according to the labeling.

The FDA has strict guidelines regarding nutrition claims for children under two, as the agency has not found sufficient evidence to support these claims for such young children, the lawsuit states. The agency is particularly cautious about nutrient-specific claims due to the lack of scientific proof that these nutrients are necessary in the quantities promoted, it says. 

No evidence to support health claims, lawsuit says

Gutierrez claims Abbott capitalizes on parental concerns by using “buzzwords” and appealing claims on its packaging, tricking consumers into believing the product is crucial for their child’s development. 

The lawsuit alleges that instead of focusing on the most nutritious and natural foods for toddlers, Abbott’s labeling misguides parents into thinking its drinks provide all the nutrition their child needs.

The American Academy of Pediatrics advises against giving children under two any added sugars, the lawsuit states, yet the Go & Grow product contains four grams of added sugars per serving, the lawsuit alleges.

The plaintiffs are seeking to represent all California residents who have purchased the product since 2021. They’re suing for violations of California’s Unfair Competition Law, False Advertising Law, and common law fraud and are seeking certification of the class action, damages, fees, costs and a jury trial. 

In 2023, Abbott Laboratories was hit with a class action lawsuit alleging it falsely advertises its PediaSure Grow and Gain line of nutrition drink products as being “clinically proven to help kids grow.”

What do you think of the allegations against Abbott? Let us know in the comments. 

Gutierrez is represented by Capstone Law APC. 

The Abbott toddler drinks class action lawsuit is Alana Gutierrez v. Abbott Laboratories, Case No. 2:24-cv-01146, in the U.S. District Court for the Eastern District of California.

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