Misleading Representation

The plaintiffs allege that Nestle Healthcare Nutrition, Inc., violated state consumer protection laws based on alleged deceptive labeling and marketing of BOOST Glucose Control products. Bryson was appointed interim lead class counsel.

Background

Despite being marketed as beneficial for blood sugar management and diabetes support, Nestlé’s own clinical studies show that these drinks perform no better than standard diet beverages.

The District Court for the Northern District of California dismissed the class action, but the United States Court of Appeals for the Ninth Circuit reversed that decision and remanded the action for further proceedings.

The case challenges Nestlé’s use of misleading health claims under federal and state consumer protection laws. The court noted that “Plaintiffs have sufficiently alleged that the representations on the BOOST Glucose Control label are likely to mislead a reasonable consumer.”

Nestle’s product labels contain three relevant representations:

• the name “Glucose Control,”
• the statement that the product is “designed for people with diabetes,” and,
• the claim that the product “helps manage blood sugar.”

The court concluded that these representations are sufficient to show that a reasonable consumer could expect the product to exert some benefit on the control and regulation of blood sugar. The labels specifically reference diabetes and the claim to help consumers control and manage blood sugar. This would lead a reasonable consumer to understand the product would have a positive effect on diabetes and blood sugar.

In addition, the product was placed in stores and on the website alongside legitimate diabetes treatments and other health and nutritional supplement products.

Bryson attorneys include Hunter Bryson, Russell Busch and Trenton Kashima.

Case: Bruce Horti, et al v. Nestle Healthcare Nutrition, Inc.,