VanCleave v. Abbott Laboratories Class Action Lawsuit

The purpose of this website is to inform potential class members of the pendency of the class action (the “Action”) between Plaintiffs Elizabeth J. VanCleave and Katharine Hassan (collectively, Plaintiffs); and Defendant Abbott Laboratories (Defendant).

The Court has certified a class action lawsuit with four subclasses to litigate claims against Abbott Laboratories (“Abbott”) regarding the labeling of certain PediaSure Grow & Gain and PediaSure Sidekicks products (“the PediaSure Products”).

In the lawsuit, Plaintiffs contend that certain statements Abbott made on the labels of the PediaSure Products are allegedly false or misleading because the statements conveyed that the children’s nutrition drinks are healthy, nutritious, and balanced, when they allegedly contain excessive amounts of added sugar. Plaintiffs also allege that Abbott omitted material information and did not disclose the effects on children’s health of consuming the added sugar found in the PediaSure Products. Plaintiffs seek to obtain a full refund of the amount, or alternatively, a partial refund of the purchase price paid for PediaSure Products and an order requiring Abbott to change the labels of PediaSure Products sold in California.

This case does not cover physical harm that may have been caused to your child from consuming PediaSure products, nor are Plaintiffs seeking any monetary compensation for any such physical harm.

Abbott maintains that the statements Plaintiffs challenge on the PediaSure Products are true, that the amount of sugar is disclosed on every PediaSure package, that the PediaSure products provide nutritional benefits for children, particularly children who are behind in growth, and that, in any event, consumers purchase PediaSure for multiple, highly individualized reasons having nothing to do with PediaSure’s labels, including because a healthcare professional recommended PediaSure. Abbott denies that Plaintiffs or members of the subclasses are entitled to any relief.

The Court has not determined whether Plaintiffs or Abbott are correct. There is no money available to class members now and no guarantee that they will ever be entitled to money due to this lawsuit. However, your legal rights will be affected if you are a class member and do not exclude yourself. This website is to advise class members of their rights and options.

The Court certified two subclasses for monetary and injunctive relief. The Frequently Asked Questions page of this website identifies those subclasses and criteria for membership, and has more information on the rights of Subclass Members in this Action.