Nestle Class Action Alleges BOOST Drinks Do Not ‘Control’ Glucose

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Nestle Glucose Control Class Action Lawsuit Overview: 

• Who: Steven Owen filed a class action lawsuit against Nestle Healthcare Nutrition Inc. 
• Why: Owen claims Nestle misrepresents the effectiveness of its BOOST brand Glucose Control over-the-counter drinks at helping control insulin levels in people with diabetes. 
• Where: The class action lawsuit was filed in New Jersey federal court. 

Nestle’s BOOST brand Glucose Control over-the-counter drinks do not actually control glucose levels, a new class action lawsuit alleges. 

Plaintiff Steven Owen claims Nestle misleads consumers by labeling the beverages with “Glucose Control” despite them only producing a “slightly favorable response to glucose levels” than one other product, which was not identified in the class action lawsuit.

“Defendant’s own clinical trial concluded that the Products were associated with merely a lesser rise in glucose levels as compared to one other unidentified nutritional drink,” the Nestle class action states.

Owen claims Nestle breaks the law with the marketing and labeling of its BOOST Glucose Control drinks since it is “tantamount to express and/or implied disease claims relating to the prevention and control of diabetes.”

“Such claims made on dietary supplements are prohibited as a matter of law and further render the claims misleading and deceptive,” the Nestle class action states. 

Nestle Class Action Alleges BOOST Glucose Control Representations ‘Misleading’

In addition to being labeled with the words “Glucose Control,” the beverage labels prominently state the products “HELP MANAGE BLOOD SUGAR” and/or that they are “DESIGNED FOR PEOPLE WITH DIABETES,” according to the Nestle class action.

Owen argues these representations are misleading and constitute false and deceptive advertising on behalf of Nestle, which “harms the public.” 

Owen claims Nestle is guilty of breach of warranty, breach of implied warranty and unjust enrichment, and is in violation of the New Jersey Consumer Fraud Act. He wants to represent a nationwide class and a New Jersey subclass of consumers who purchased Nestle’s BOOST brand Glucose Control over-the-counter drinks. 

He also is demanding a jury trial and requesting injunctive and declaratory relief along with compensatory, statutory and punitive damages for himself and all class members.

Consumers filed a similar class action lawsuit against Nestle in December over claims the company falsely advertises its BOOST Glucose Control drinks as being able to help prevent and treat diabetes. 

Have you purchased Nestle’s BOOST brand Glucose Control over-the-counter drinks? Let us know in the comments! 

The plaintiff is represented by William J. Pinilis and Joel B. Strauss of Kaplan Fox & Kilsheimer LLP. 

The Nestle Glucose Control Class Action Lawsuit is Owen v. Nestle Healthcare Nutrition Inc., Case No. 3:22-cv-02855, in the U.S. District Court for the District of New Jersey.

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