Consumer Action Over Nestle Drink To Proceed

Law360, New York (August 1, 2011, 4:01 PM EDT) -- Nestle Healthcare Nutrition Inc. on Monday largely lost a bid to throw out a putative consolidated class action in New Jersey alleging it lied about the health benefits of Boost Kid Essentials, a popular children’s drink containing nutritional supplements.

U.S. District Judge Faith Hochberg rejected Nestle’s motion to dismiss the case, ruling that the company couldn’t show that the plaintiffs’ claims were too thin to survive, but dismissed one of the lead plaintiff's state law claims.

Plaintiff Maria Johnson, a California resident, sued Nestle last July,...
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