A federal judge in Manhattan on Thursday refused to toss a proposed class action accusing Abbott Laboratories of misleading parents with PediaSure Grow & Gain labels and commercials. At the heart of the fight is the front-of-package promise that the drink is “clinically proven to help kids grow,” paired with a cartoon giraffe and ruler-like markings that plaintiffs say suggested kids would get taller, not just heavier. Judge Paul Engelmayer’s ruling keeps the case alive and sends it into discovery.
Judge says packaging and ads could imply height gains
In a 75-page opinion, U.S. District Judge Paul Engelmayer wrote that the mix of the “clinically proven” claim and the on-package imagery could lead a reasonable consumer to read “grow” as height growth and “gain” as weight gain. He also cited a TV commercial that shows a boy playing basketball with taller kids as an example of messaging that a jury could decide reinforces that interpretation. As reported by KFGO, which carried the Reuters dispatch, the court denied Abbott’s motion to dismiss.
What the lawsuit alleges
The suit was filed in May 2023 by Bronx grandmother Joanne Noriega, who says she bought PediaSure Grow & Gain for her eight-year-old grandson and saw no height improvement after a year, while noticing weight gain. The complaint points out that Abbott’s product page states “PediaSure Grow & Gain is clinically proven* nutrition to help kids grow,” while a footnote explains that the studies involved children with or at risk for undernutrition. Those allegations and the court’s earlier orders appear in public filings in the Southern District of New York, including the complaint and opinion on Justia and on Abbott’s product page at PediaSure.com.
Abbott's response and expert testimony rulings
Abbott has maintained that its labeling is appropriate and said that “PediaSure is a scientifically designed complete and balanced nutrition solution for children to help support growth and development,” adding that it is confident the evidence will show the allegations are unfounded. Judge Engelmayer nevertheless excluded some expert testimony from both sides and declined Abbott’s request to bar testimony from a Columbia Business School professor who concluded the marketing conveyed a message about height. Those rulings leave factual disputes that a jury could be asked to resolve at trial, according to reporting by KFGO.
Legal stakes and what's next
Noriega brings claims under New York General Business Law sections 349 and 350, alleging deceptive acts and false advertising on behalf of New York purchasers. If the court ultimately certifies a class and the case survives summary judgment, the litigation could prompt closer scrutiny of front-of-pack “clinically proven” language across children’s nutrition products. The immediate next step is discovery in the Southern District of New York, where lawyers for both sides will exchange documents and expert reports.
For New Yorkers who bought PediaSure, the case serves as a nudge to read the fine print on efficacy claims. For Abbott, it is another legal battle over how nutrition products are marketed. The SDNY docket in Noriega v. Abbott Laboratories, No. 1:23-cv-04014, will track each turn as the case moves forward.
