Abbott Laboratories (NYSE:ABT) must defend against a proposed class-action lawsuit alleging it misled consumers into believing that its PediaSure Grow & Gain nutritional drinks were clinically proven to help children grow taller, a federal judge ruled Thursday.
Judge Finds Marketing Could Be Interpreted As Promising Height Growth
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Citing a 75-page decision, Reuters report added that U.S. District Judge Paul Engelmayer said consumers could reasonably interpret Abbott's marketing as referring to height growth, even though the company's claim that PediaSure was "clinically proven to help kids grow" did not explicitly specify the type of growth.
Reuters further added that the judge pointed to product packaging featuring a cartoon giraffe alongside ruler-like markings extending to the giraffe's head.
