LOS ANGELES, Aug 05, 2013 (BUSINESS WIRE) -- On Friday, a federal judge in California rejected attempts by Abbott Laboratories to dismiss a false advertising and misrepresentation case concerning the company's Ensure Muscle Health and Ensure Clinical Strength products. Baron and Budd attorneys Roland Tellis and Mark Pifko represent the plaintiff in the lawsuit, Mr. Michael J. Otto, a 69-year-old California resident who seeks to represent a nationwide class of consumers.
The packaging for the Ensure Muscle Health and Ensure Clinical Strength products tells consumers that the products will "help rebuild muscle and strength naturally lost over time." According to the lawsuit, Abbott Laboratories used pseudo-scientific terms in its marketing materials and advertisements, claiming that the products' ability to rebuild strength comes from Revigor(R), which is the company's proprietary formulation of the amino acid metabolite HMB.
As alleged in the lawsuit, Abbott Laboratories fails to inform consumers that the products' claims of "rebuilding strength" are unavailable to consumers who are vitamin D deficient. This is significant because, according to the lawsuit, the products are primarily marketed to baby boomers who are naturally losing muscle with age, and at least 60 percent of elderly adults are vitamin D deficient.
"In effect, by luring consumers in with its false and misleading promises about Revigor(R)/HMB, Abbott convinces consumers of the Products to pay $32 per gallon for what is basically chocolate milk," the lawsuit asserts. "We are pleased with the Court's ruling and we look forward to the opportunity to bring justice to consumers for the conduct alleged in the complaint," said Baron and Budd attorney Mark Pifko.
In denying Abbott Laboratories' attempts to dismiss the case, the Judge explained, "...assuming that 60 percent of elderly consumers are vitamin-D deficient, the Court can plausibly infer that elderly consumers deciding whether to purchase the Products would attach importance to the fact that Revigor only builds strength in vitamin-D sufficient individuals. In short, it is reasonable to think that a person buying a product would find significant that it is more likely than not that the product will fail to deliver its promised benefits."
About Baron & Budd, P.C.
The law firm of Baron & Budd, P.C., with offices in Dallas, Baton Rouge, Austin and Los Angeles, is a nationally recognized law firm with a 35-year history of "Protecting What's Right" for people, communities and businesses harmed by negligence. Baron & Budd's size and resources enable the firm to take on large and complex cases. The firm represents individuals, governmental and business entities in areas as diverse as water contamination, Gulf oil spill, Qui Tam, California Proposition 65 violations, dangerous medications and medical devices, Chinese drywall, insurance claims, consumer fraud, securities fraud and asbestos-related illnesses such as mesothelioma.
SOURCE: Baron & Budd, P.C.
Baron & Budd
Susan Knape, 214-629-0596
susan@susanknape.com
or
Amanda Billo, 214-991-1051
abillo@baronbudd.com
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