Abbott Escapes Ensure Drinker's False Ads Suit

Law360, Los Angeles (March 15, 2013, 3:56 PM EDT) -- A California federal judge Friday dismissed a putative class action alleging Abbott Laboratories falsely advertised its Ensure health shakes to baby boomers, ruling the consumer suing the company had failed to identify scientific studies or other facts to support his claims.

In an 18-page order, U.S. District Judge Stephen V. Wilson dismissed without prejudice plaintiff Michael J. Otto's amended complaint alleging the global pharmaceutical company had deceptively advertised its Ensure Muscle Health Shake and Ensure Clinical Strength products. Otto had claimed Abbott used phrases such as...
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