Nestle Carnation Instant Breakfast Class Action

Nestlé advertises that its Nestlé Carnation Instant Breakfast contains “antioxidants to help support the immune system,” even though it has no proof, according to a federal class action lawsuit.

The Nestlé Carnation Instant Breakfast class action lawsuit takes aim at Nestlé’s marketing campaign this summer that coincided with the launch of its Dark Chocolate flavor. In that campaign, Nestlé made several deceiving statements, according to the lawsuit, including that its Dark Chocolate Carnation Instant Breakfast has the same amount of antioxidants as green tea, that “recent studies have shown that the antioxidants in dark chocolate can support overall health and wellness,” and that the antioxidants found in the product would help drinkers “maintain a healthy glow, beautiful skin, and healthy vision.”

Nestlé, however, has no reliable scientific evidence and cites no peer-reviewed studies to support its claims that the ingredients found in Dark Chocolate Carnation Instant Breakfast, when ingested in the quantities found in the product, will provide support for consumers’ immune systems and help them achieve the benefits they claim, says the lawsuit.

As a result of Nestlé s’ false, misleading and deceptive advertising campaign, the class action says, it was able to sell thousands of units of the product to reasonable consumers who were led to believe that ingesting the product would result in tangible benefits to their immunity and health. Many of these consumers, the lawsuit continues, would not have purchased Carnation Instant Breakfast if Nestlé hadn’t made the false representations that consuming the product would boost their immunity and good health.

The Nestlé Dark Chocolate Carnation Instant Breakfast Class Action Lawsuit is seeking class certification and damages for all individuals who purchased the product in California. A copy of the lawsuit can be read here.