Nestle BOOST Class Action Lawsuit Dismissed Despite FTC Settlement

Soon after the Nestle BOOST settlement was reached, multiple class action lawsuits were filed against the company alleging false advertising.

U.S. District Judge Faith S. Hochberg dismissed the consumer false ad class action lawsuit (Scheuerman v. Nestle Healthcare Nutrition, Inc.) on the grounds that the Plaintiffs’ failed to provide sufficient evidence for their false or misleading statement claims.

Instead of proving that Nestle lacked scientific evidence to support the advertising claim that BOOST Kid Essentials is “clinically shown” to provide the advertised health benefits, the Plaintiffs merely criticized the strength of Nestlé’s scientific support and could only show that the claims were not convincing or significant.

Nestle submitted over 40 scientific articles and studies to substantiate its “clinically shown” ad claims.

“Plaintiffs’ experts and its other facts all boil down to a claim that Nestle’s scientific support underlying its claim of ‘clinically shown’ health benefits is not as strong as it should be and do not substantiate those claims,” Judge Hochberg wrote. “While Plaintiffs’ experts take issue with the strength and significance of these studies, their criticisms do not satisfy Plaintiffs’ burden of demonstrating that the ‘clinically shown’ advertising claims are false or misleading.”