Judge Slashes Suit Over Nestle Drink Health Claims

Law360, New York (July 17, 2012, 7:30 PM EDT) -- A federal judge on Monday tossed most of a proposed class action accusing Nestle Healthcare Nutrition Inc. of fraudulently advertising a kids' health drink, saying plaintiffs had failed to disprove the company’s claim that the drink’s health benefits were “clinically shown.”

“Nestle has produced over 40 scientific articles and studies that it contends provide the required substantiation for its ‘clinically shown’ advertising claims” for the Boost Kid Essentials drinks, U.S. District Judge Faith S. Hochberg said in an order.

While the plaintiffs’ experts took issue with...
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