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Judge Dismisses Ensure Muscle Health Class Action Lawsuit
By Matt O’Donnell
UPDATE: Judge allows Ensure Muscle Health class action lawsuit to proceed on third try, dismissing Abbott Laboratories attempt to dismiss a third amended complaint.
A California federal judge has dismissed an amended class action lawsuit accusing Abbott Laboratories of falsely advertising the health benefits of its Ensure shakes to baby boomers, ruling the plaintiff’s claims were “squarely” refuted by evidence in scientific studies.
Plaintiff Michael Otto sued Abbott last August over advertising claims that its Ensure Muscle Health Shake and Ensure Clinical Strength could help baby boomers replenish muscle strength as they age. Otto took aim at several alleged deceptive marketing claims in the class action lawsuit, including the claim that Abbott’s “proprietary ingredient” Revigor could “help rebuild muscle and strength naturally lost over time.”
Otto said Abbott failed to mention that without exercise, neither Ensure, Revigor nor any other ingredients in the shakes could “rebuild” lost muscle and strength in normal, healthy adults, regardless of their age.
On March 15, U.S. District Judge Stephen V. Wilson dismissed without prejudice the Ensure class action lawsuit based on the fact that scientific studies showed that normal (i.e., non-vitamin D-deficient) adults who did not exercise did in fact experience and increase in both muscle mass and strength from the amino acid blend found in Ensure.
This is the second time Judge Wilson has dismissed Otto’s Ensure class action lawsuit, which was amended after the judge dismissed the original complaint on January 10.
Otto has 21 days to file a second amended class action lawsuit.
A copy of the original Ensure Muscle Health Class Action Lawsuit can be read here.
The case is Michael J. Otto v. Abbott Laboratories, Inc., Case No. 12-cv-1411, U.S. District Court, Central District of California, Eastern Division.
Otto is represented by the law firm Baron & Budd, P.C.
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
One thought on Judge Dismisses Ensure Muscle Health Class Action Lawsuit
I have been using this for 4months and never seen any results