Nestlé can’t escape class action lawsuit alleging Boost Glucose Control drink falsely advertised

Nestlé Boost class action lawsuit overview:

• Who: A California federal judge ruled that a class action lawsuit against Nestlé can continue.
• Why: The judge said the lawsuit had some claims that should go to trial.
• Where: The class action lawsuit was originally filed in California federal court in 2021.

Nestlé cannot escape a class action lawsuit alleging it falsely marketed its Boost Glucose Control drinks as suitable for preventing and treating diabetes, a California federal judge has ruled.

U.S. District Judge Jacqueline Scott Corley ruled Nestlé must face claims brought by three named plaintiffs during a hearing on the company’s motion for summary judgment, media outlets report.

Plaintiffs Bruce Horti, Sandra George and Jeanette Craig originally filed the case in December 2021. However, Judge Corley questioned the inclusion of plaintiff George, who continued buying the product after signing onto the complaint. 

In the recent hearing, the plaintiffs argue that when a person makes a decision to purchase a product based on a misrepresentation, “that doesn’t have to be the sole reason, or even the decisive factor, just a substantial reason, the reason they purchased it.”

In this situation, George may have continued to buy the drink until she could find a more affordable substitute, the class counsel claimed.

Nestlé’s labeling misleads consumers, lawsuit claims

In December 2023, the Ninth Circuit panel revived the proposed class action, saying the plaintiffs had sufficiently alleged that the labeling at issue was likely to mislead a reasonable consumer.

The plaintiffs claim Nestlé tricked Boost Glucose Control drink buyers into thinking the beverage can treat diabetes. 

The original case alleges Nestlé violated California’s Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act, among other claims.

A separate class action making identical claims was filed in New Jersey federal court in May 2022. The plaintiff alleged that label wording, such as “Help Manage Blood Sugar” and/or “Designed for People with Diabetes,” was misleading and constituted false and deceptive advertising, which “harms the public.”

What do you think of the claims against Nestlé in the Boost Glucose Control class action lawsuit? Let us know in the comments.

The plaintiffs are represented by Trenton R. Kashima, Nick Suciu III and J. Hunter Bryson of Milberg Coleman Bryson Phillips Grossman PLLC; Laurence D. King, Matthew B. George, Blair E. Reed, Clarissa Olivares and Joel B. Strauss of Kaplan Fox & Kilsheimer LLP; Michael D. Braun of Kuzyk Law LLP; and Ross B. Rothenberg of The Rothenberg Law Firm LLP.The Nestlé Boost class action lawsuit is In re: Nestlé Boost Nutritional Drink Litigation, Case No. 3:21-cv-09812, in the U.S. District Court for the California Northern District.

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