Abbott seeks dismissal of Glucerna diabetes class action

Update:

• Abbott Laboratories asked a California federal court to dismiss claims it misled consumers by marketing that its Glucerna shakes are scientifically designed to help individuals with diabetes. 
• Abbott argues the consumer behind the complaint relied on studies that failed to show a Glucerna label stating the product can “manage blood sugar” is untrue. 
• Abbott further claims the label has a symbol next to it that points consumers to a more in-depth explanation about how the product can help individuals with diabetes. 
• The consumer argues Glucerna shakes, despite their labeling, contain ingredients that are harmful to people with diabetes, including sucralose, carrageenan, choline chloride and maltodextrin. 

Glucerna diabetes class action lawsuit overview: 

• Who: Steven Prescott filed a class action lawsuit against Abbott Laboratories. 
• Why: Prescott claims Abbott falsely advertises that its Glucerna brand shakes and powders can be used to help control diabetes. 
• Where: The class action lawsuit was filed in California federal court. 
• What are my options: Glucerna customers may be interested in products from Amy Myers MD.

(Sept. 05, 2023)

Abbott Laboratories falsely advertises that its Glucerna shakes and powders are “formulated specifically for diabetes,” when, in reality, they allegedly contain ingredients that can make the condition worse, a new class action lawsuit alleges. 

Plaintiff Steven Prescott claims the Glucerna shakes and powders contain sucralose and other key ingredients that have been shown to deregulate blood sugar and worsen or, in some cases, cause diabetes. 

Prescott argues that, rather than disclose the alleged health risks associated with the Glucerna shakes and powders, Abbott chooses to falsely advertise the products’ effects so as to benefit financially. 

“Defendant’s deceptive marketing has proved profitable, and Defendant now enjoys a leading market position in the multi-billion-dollar health foods industry,” the Glucerna class action states. 

Prescott wants to represent a nationwide class and California subclass of consumers who have purchased a Glucerna product within the past four years. 

WHO advises against using sugar alternatives such as sucralose to treat diabetes, class action says  

Prescott argues the World Health Organization (WHO) advises against using sugar alternatives, such as the sucralose found in the Glucerna shakes and powders, due to its connection with an “increased risk of type 2 diabetes, cardiovascular diseases, and mortality in adults.” 

“On May 15, 2023, the WHO released a set of guidelines urging against the consumption of sucralose, among other non-sugar sweeteners, ‘to control body weight or reduce the risk of noncommunicable diseases (NCDs),’ including diabetes,” the Glucerna class action states. 

Prescott claims Abbott is guilty of unjust enrichment and breach of express warranty, and of violating California’s Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act. 

The plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of monetary damages for himself and all class members. 

The U.S. Food and Drug Administration issued a warning letter in February to Lyons Magnus — a third-party manufacturer for Abbott — after determining the company was in violation of food safety regulations in the wake of a 2022 recall that included Glucerna products, among others. 

Have you purchased a Glucerna product within the last four years? Let us know in the comments.

The plaintiffs are represented by Shireen M. Clarkson, Bahar Sodaify, Alan Gudino and Ryan Ardi of Clarkson Law Firm PC. 

The Glucerna diabetes class action lawsuit is Prescott v. Abbott Laboratories, Case No. 5:23-cv-04348, in the U.S. District Court for the Northern District of California.

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