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“Misleading” Marketing: A company is sued over a milkshake it promised to help children grow

“Misleading” Marketing: A company is sued over a milkshake it promised to help children grow

A pharmaceutical company that promoted a milkshake that was supposedly “clinically proven” to help children grow taller will have to explain itself in court after a grandmother accused it of “misleading” marketing.

“[Les laboratoires Abbott ont eu accès à des études qui] It completely dispelled any notion that milkshakes could help babies grow taller. James Denlea, the plaintiff's attorney, said, according to the New York Post, that the marketing was misleading and Abbott knew it.

On Friday, an American judge in New York City placed obstacles in the way of Abbott Pharmaceuticals, which went to court to try to dismiss a grandmother’s lawsuit accusing it of wrongly misleading its customers about one of its products.

Plaintiff Joan Noriega said she had denounced for a year that she had bought the PediaSure Grow & Gain (French for “grow and gain”) drink to help her 8-year-old grandson gain a few centimeters because he was “small for his age.” American media.

Except that the supposedly “clinically proven” product according to its brand, which promised to help children grow taller, instead had the effect of making the little girl so “overweight” that she stopped using it.

However, according to Judge Paul Engelmayer, the company would have stubbornly insisted on selling its product as a solution to improving growth, even if it had three self-funded studies that would have turned out otherwise.

“The existence of studies that contradict the trademark assertion supports the plausibility of the complaint’s claim that the trademark would mislead a reasonable consumer,” the district judge wrote, ruling to give the plaintiff the green light, according to the New York Post.

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The class action lawsuit, in which the total amount of damages has not been determined at this time, hopes to bring justice to all New Yorkers who may have been duped into obtaining the expensive product.