Case No. 19CV345045
The Court has certified Monetary two Subclasses, which correspond to different PediaSure Products, pack sizes, and dates of purchase. Excluded from all Subclasses are: (1) purchases that were made due to a doctor’s prescription; (2) all internet purchases; (3) purchases for resale or distribution rather than household or individual use; and (4) Abbott’s agents, legal representatives, current and former employees, Plaintiffs’ counsel, and any judge and staff to whom this case has been assigned, and any member of the judge’s immediate family.
Monetary Subclass 1: All persons in California who purchased in person at a retail location one or more of the following PediaSure Products in any flavor bearing the statement “Complete, Balanced Nutrition” during the time frames listed below, for personal or household use and not for retail or distribution. Excluded from Monetary Subclass 1 are (1) purchases that were made due to a doctor’s prescription; (2) all internet purchases; (3) purchases for resale or distribution rather than household or individual use; and (4) Abbott’s agents, legal representatives, current and former employees, Plaintiffs’ counsel, and any judge and staff to whom this case has been assigned, and any member of the judge’s immediate family.
Product | Dates |
---|---|
Grow & Gain – 6 Pack 8-fluid oz. bottle |
March 22, 2015 – July 31, 2015 July 1, 2017 – April 5, 2024 |
Grow & Gain – 16 Pack 8-fluid oz. bottle | July 1, 2017 – April 5, 2024 |
Grow & Gain – 24 Pack 8-fluid oz. bottle |
March 22, 2015 – August 31, 2015 October 1, 2018 - April 5, 2024 |
Grow & Gain Shake Mix –1 14.1 ounce can | March 22, 2015 – May 31, 2016 |
Grow & Gain w/ Fiber – 6 Pack 8-fluid oz. bottle |
March 22, 2015 – August 31, 2015 July 1, 2021 – April 5, 2024 |
Grow & Gain w/ Fiber – 24 Pack 8-fluid oz. bottle |
March 22, 2015 – August 31, 2015 March 1, 2019 – October 31, 2019 July 1, 2021 – April 5, 2024 |
SideKicks – 6 Pack 8-fluid oz. bottle | March 22, 2015 – June 30, 2015 |
Monetary Subclass 4: All persons in California who purchased the following product in any flavor bearing the statement “Balanced Nutrition to Help Fill Gaps” during the time frame listed below, for personal or household use and not for retail or distribution. Excluded from Subclass 4 are (1) purchases that were made due to a doctor’s prescription (2) all internet purchases; (3) purchases for resale or distribution rather than household or individual use; and (4) Abbott’s agents, legal representatives, current and former employees, Plaintiffs’ counsel, and any judge and staff to whom this case has been assigned, and any member of the judge’s immediate family.
Product | Dates |
---|---|
SideKicks – 6 pack 8-fluid oz. bottle | July 1, 2018 – April 5, 2024 |
Plaintiffs brought this lawsuit against Abbott challenging four statements made on certain PediaSure Products: “Complete Balanced Nutrition,” “Nutrition to help kids grow,” “Use as part of a healthy diet” and “Balanced Nutrition to Help Fill Gaps.”
Plaintiffs allege that these statements falsely and misleadingly convey that the PediaSure Products are healthy, nutritious, and balanced, when they allegedly contain excessive amounts of added sugar. Plaintiffs also allege that Abbott omitted material information by not disclosing the effects on children’s health of consuming the added sugar found in the PediaSure Products.
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.
Plaintiffs seek damages and restitution based on either a full-refund or a price premium theory and punitive damages. Plaintiffs seek declaratory relief and an injunction preventing Abbott from selling the PediaSure Products in California using any of the four challenged statements and/or requiring Abbott to add a warning to the PediaSure Products label. This is called “injunctive relief.” Plaintiffs also seek recovery of attorneys’ fees, the costs of bringing the lawsuit, and interest.
Abbott maintains that its labeling statements 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 prescribed or recommended PediaSure. The Court has not determined whether Plaintiffs or Abbott is correct.
Back To TopIn a class action, one or more people, called the Class Representatives, sue on behalf of people who have similar claims. In this case, the Class Representatives are Elizabeth VanCleave and Katherine Hassan, and the Court has certified two subclasses for potential monetary and injunctive relief and two additional subclasses for potential injunctive relief only. The members of each subclass are called Subclass Members. One court resolves certain issues for everyone in each subclass, except for individuals who ask to exclude themselves from one or more subclasses.
Back To TopNo money is available now because neither the Court nor a jury has decided whether Abbott did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained by any Subclass Members.
Back To TopThe case is set for trial on October 14, 2024, in the Superior Court for the State of California, Santa Clara County.
Back To TopIf you do nothing, you will remain a Subclass Member. If you stay in one or more Monetary Subclasses and Plaintiffs obtain monetary benefits for any of those Subclasses, either as a result of a trial or a settlement, additional notice will be distributed about how to obtain those benefits. If you do nothing, you will be bound by the Court’s orders, including any judgment against Plaintiffs and in favor of Abbott, and will lose any right you may have to sue Abbott over the claims in this case in the future. If there is a settlement or judgment that affects your rights, additional notice will be distributed.
Back To TopIf you would potentially like to pursue your own lawsuit against Abbott for the claims in this case in the future, do not want to be bound by what the Court does in this case, or simply do not want to be part of a lawsuit pursuing claims against Abbott, you should ask to be excluded from the case. If you exclude yourself from the case, which is also sometimes called “opting out,” you will not be legally bound by the Court’s judgments and orders. If you exclude yourself, you cannot share in any money that may be awarded to the subclasses (whether pursuant to a judgment or settlement), and you cannot object to any settlement. However, you cannot exclude yourself from the injunctive relief sought in this case.
Back To TopTo exclude yourself, you must complete, sign, and submit the Exclusion Request Form available on the Important Documents page of this website to the notice administrator. You can submit the Exclusion Request to the notice administrator by email to info@PediaSureClassActionLawsuit.com or mail to:
VanCleave v. Abbott Laboratories
Class Action Notice Administrator
P.O. Box 3815
Portland, OR 97208-3815
If you don’t use the form, you can send a letter asking to be excluded. The letter must contain your name, address, the words “I wish to be excluded from the PediaSure Class Action” and your signature. Unless otherwise specified, you will be excluded from the two Monetary Subclasses. Exclusion requests must be emailed or postmarked by September 3, 2024.
Back To TopYes. The Court appointed Parasmo Lieberman Law and Goldstein, Borgen, Dardarian, & Ho as Class Counsel, to represent the Plaintiffs and all Subclass Members. The Court has determined that these attorneys are qualified to represent the interests of Subclass Members in this lawsuit. More information about these firms, their practices, and their lawyers’ experience is available on their websites: www.parasmoliebermanlaw.com, www.gbdhlegal.com. The following attorneys from the firms are handling the case, and you may contact them directly with any questions you have about the case:
Grace E. Parasmo, Esq. Yitzchak H. Lieberman, Esq. Parasmo Lieberman Law 7119 W. Sunset Blvd #808 Los Angeles, CA 90046 Tel: 844-200-5623 Email: pediasureclassaction@parasmoliebermanlaw.com |
Laura Ho, Esq. Goldstein, Borgen, Dardarian, & Ho 155 Grand Ave. Ste. 900 Oakland, CA 94612 Tel: 800-332-6177 Email: pediasureCA@gbdhlegal.com |
If Class Counsel recovers any money or injunctive relief for the Subclasses, Class Counsel will ask the Court for payment of their fees and reimbursement of their litigation costs. If the Court grants Class Counsel’s request, the fees and expenses would be deducted from any money obtained for the Subclasses or paid separately by Abbott.
Back To TopIt is up to you whether to hire your own lawyer. You do not need to hire your own lawyer because Class Counsel represents the Subclasses. If you want to hire your own lawyer to appear in Court to speak on your behalf, you may do so. If you hire your own lawyer, you will be responsible for the charges that lawyer requires you to pay for representing you.
Back To TopAdditional information is available at the website maintained by the court-appointed notice administrator, www.PediaSureClassActionLawsuit.com. You can also contact Class Counsel.
Other papers filed in the lawsuit are available (a) online on the Superior Court of California, County of Santa Clara’s Case Information Portal, at traffic.scscourt.org/search, or (b) in person at the courthouse for the Superior Court of California, County of Santa Clara located at 191 North First Street, San Jose, California 95113. Please do not write or call the Court for information or advice.
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