PediaSure class action claims drink falsely advertises helping kids grow

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PediaSure class action lawsuit overview: 

• Who: Joanne Noriega filed a class action lawsuit against Abbott Laboratories.
• Why: Noriega claims Abbott falsely advertises its PediaSure Grow and Gain line of nutrition drinks as being clinically proven to help kids grow. 
• Where: The class action lawsuit was filed in New York federal court. 
• What are my options: Try gopuff to find children’s nutrition drinks.

Abbott Laboratories falsely advertises its PediaSure Grow and Gain line of nutrition drink products as being “clinically proven to help kids grow,” a new class action lawsuit alleges. 

Plaintiff Joanne Noriega claims the PediaSure drinks are, in reality, “just a flavored sugar and milk-based drink that contains vitamins,” and that representations the drink makes kids grow has no scientific support. 

Noriega argues Abbott’s own financed clinical studies — which the company allegedly does not disclose in its marketing materials — have allegedly confirmed PediaSure does not increase a child’s height or weight. 

“In short, not only does Abbott lack any support for its Clinically Proven Claim, it knows from its own studies that its Clinically Proven Claim is false and misleading,” the PediaSure class action states. 

Noriega wants to represent a New York class of consumers who have purchased PediaSure products manufactured, marketed and/or sold by Abbott and marketed by the company as being “Clinically Proven to help kids grow.” 

PediaSure ‘aggressively’ marketed picky eaters’ parents, class action says

Noriega argues Abbott “garners yearly revenues exceeding $250 million from its sales of PediaSure” by allegedly “aggressively marketing” the product to “parents of picky eaters who are shorter than their peers.” 

“Simply put, Plaintiff and members of her class were deceived by Abbott’s fraudulent marketing of PediaSure and Abbott profited from that deception at Plaintiff’s and her class members’ expense,” the class action states. 

Noriega claims Abbott violated New York General Business Law. She is demanding a jury trial and requesting an award of statutory and treble damages for herself and all class members. 

A similar class action lawsuit, filed against Target over claims the company misled consumers about the nutritional value of its “transition” toddler formula, was dismissed last year by a New York federal judge. 

Have you purchased a PediaSure product? Let us know in the comments.

The plaintiff is represented by James R. Denlea, Jeffrey I. Carton, Steven R. Schoenfeld and Stan Sharovskiy of Denlea & Carton LLP and Philip M. Smith of Kravit Smith LLP. 

The PediaSure class action lawsuit is Noriega, et al. v. Abbott Laboratories, Case No. 7:23-cv-04014, in the U.S. District Court for the Southern District of New York.

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