US judge allows lawsuit challenging Abbott’s PediaSure growth claims to move forward

NEW YORK: A US federal judge has ruled that Abbott Laboratories must face a proposed class-action lawsuit alleging that its PediaSure Grow & Gain nutritional drinks misled consumers into believing the products were clinically proven to help children grow taller.

The decision represents a significant development in an ongoing legal challenge against one of the world's best-known pediatric nutrition brands and raises broader questions about how health and growth-related claims are communicated to parents.

Court finds consumers could interpret claims as height growth promises

US District Judge Paul Engelmayer ruled that a reasonable consumer could interpret PediaSure’s marketing as suggesting that the product helps children increase in height, despite Abbott’s argument that references to “growth” did not specifically mean becoming taller.

According to the ruling, product packaging featuring a cartoon giraffe alongside ruler-like height markings could reinforce the impression that the drink supports height growth. The judge also pointed to advertising materials that appeared to emphasize stature and physical growth.

One commercial cited in the court decision showed a young boy playing basketball with taller children and remarking that he had “a lot to look up to,” which the judge said could further strengthen consumers’ perception that the product was being marketed as promoting height increase.

As a result, the court concluded that a jury should be allowed to determine whether consumers were misled by the product’s advertising and labeling.

Grandmother's complaint sparked the legal challenge

The lawsuit was filed in 2023 by New York resident Joanne Noriega, who said she purchased PediaSure Grow & Gain drinks for her eight-year-old grandson after seeing claims that suggested the product could support growth.

According to the complaint, the child consumed two PediaSure drinks daily for approximately one year. The lawsuit alleges that while the child did not experience the expected increase in height, he gained significant weight, prompting the family to discontinue the product.

The case seeks class-action status on behalf of consumers who purchased the nutritional drinks based on similar expectations.

Abbott defends product and scientific evidence

Abbott Laboratories has rejected the allegations and maintains that PediaSure’s marketing is supported by scientific evidence.

In a statement, the company said PediaSure is a scientifically designed nutritional product intended to support children's growth and development and expressed confidence that the claims in the lawsuit would ultimately be disproven.

The company has also emphasized that studies supporting PediaSure involved children considered at risk of undernutrition or below-average weight-for-height measurements.

Why the ruling matters

While the judge did not determine whether Abbott’s claims were false, the ruling allows the lawsuit to move forward and potentially be heard by a jury.

Legal experts note that the case highlights growing scrutiny of health-related marketing claims, particularly those directed toward parents seeking nutritional products for children.

Consumer advocates have increasingly argued that phrases such as “clinically proven” can strongly influence purchasing decisions and should be supported by clear, transparent evidence that reflects how consumers are likely to interpret advertising messages.

Growing focus on nutrition marketing

The lawsuit comes amid broader international discussions about nutrition product marketing, childhood growth supplements, and the role of evidence-based health claims in consumer advertising.

PediaSure is one of Abbott's flagship pediatric nutrition brands and is widely sold in numerous countries, including Pakistan and other international markets, where parents often use nutritional supplements to support children's growth and development.

The outcome of the case could have implications for how manufacturers communicate growth-related benefits and how courts evaluate consumer interpretations of health marketing claims in the future.

Abbott has indicated that it will continue to defend the product and its marketing practices as the litigation proceeds.

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