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Civil Litigation

Jun. 10, 2022

Nestle seeks dismissal of false advertising supplement lawsuit

Nestle could and should have marketed the BOOST drinks as having less sugar and carbs instead of the misleading “helps manage blood sugar” and “designed for people with diabetes,” but Nestle consciously chose not to, Nick Suciu III of Milberg Coleman Bryson Phillips Grossman PLLC argued for the plaintiffs.

Nestle Healthcare Nutrition Inc. is fighting claims that it falsely advertised some of its nutritional supplement drinks to control blood glucose levels, targeting sales toward people with diabetes. Nestle’s bid to dismiss this suit comes a few days after a verdict awarded a class of consumers what could be $135 million in statutory damages, the largest dietary supplement false advertising verdict ever in a similar case against another company

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