Ensure Drink Maker Can't Dodge False Ad Suit

Law360, New York (September 12, 2013, 3:58 PM EDT) -- A California federal judge Wednesday rejected Abbott Laboratories Inc.’s bid to squash a proposed class action alleging the company falsely advertised its Ensure health shakes to baby boomers, finding that the plaintiff adequately pled his claim that consumers could have suffered an economic loss.

Plaintiff Michael J. Otto had only one claim left after his first two complaints were dismissed. The remaining claim alleged deception by omission in that Abbott allegedly did not disclose on product packaging that consumers must have a blood serum vitamin D...
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