California judge allows Glucerna lawsuit against Abbott Labs to proceed

Written By : Ruchika Sharma |Medically Reviewed By : Dr. Kamal Kant Kohli Published On 8 Jun 2024 5:00 AM | Updated On 20 Jun 2024 6:42 PM

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A California federal judge ruled on Wednesday that litigation against Abbott Laboratories alleging the marketing of Glucerna shakes and nutritional powders with harmful ingredients can proceed.

U.S. District Judge P. Casey Pitts in San Jose largely dismissed Abbott's motion to dismiss the proposed class action, stating that consumers had presented adequate evidence at this juncture to substantiate their claims. They argue that Glucerna, which says on its label that it is "scientifically designed for people with diabetes," contains sucralose and other additives, which certain studies suggest may pose health risks.

Pitts granted Abbott’s motion to dismiss the consumers’ request for an injunction requiring Abbott to amend the labeling on the Glucerna products, saying customers concerned about the additives can check the ingredients list to see if the products contain sucralose going forward.

Representatives for Abbott Laboratories did not immediately respond to requests for comment on the ruling, Reuters said.

Bahar Sodaify, an attorney for the consumers, said in a statement that now Abbott "will have to answer why it elected to center Glucerna’s brand identity and product labeling on diabetes care while using ingredients that are known to deregulate blood sugar and are just not suitable for diabetics.

California resident Steven Prescott sued Abbott in August, alleging that the labels on the Glucerna products said they could help regulate blood sugar in diabetics and people with similar conditions. The lawsuit claims that the products are sweetened with sugar replacement sucralose, which is approved by the U.S. Food and Drug Administration for use in food but can deregulate blood sugar, kill cells in the pancreas that release insulin and cause cells to become resistant to insulin.

Prescott, who sued under California consumer protection laws, said he would not have purchased the products had he known they wouldn’t work as advertised. Prescott is seeking to represent a class of California consumers who purchased the products.

Abbott has argued that the labeling on the Glucerna products is not misleading and that the products are meant to be a snack or meal replacement that helps with blood sugar regulation as compared with high glycemic carbohydrates. The company has also criticized the studies on sucralose Prescott relies on, saying they do not support a link between the sweetener and the health problems he alleges.

In its motion to dismiss, Abbott pointed to the shakes’ side label, which says the product is designed to “help minimize blood sugar spikes” in diabetics as compared with high glycemic carbohydrates.

But Pitts said at this stage that he couldn’t conclude that a consumer would understand that the side label limits the labeling on the front of the bottle as much as Abbott suggests.

The case is Prescott et al v. Abbott Laboratories, case number 5:23-cv-04348 in the U.S. District Court for the Northern District of California

Read also: CDSCO Panel opins Abbott Healthcare to Conduct Phase III CT of Clarithromycin ER Tablets 1000mg

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Source : with inputs

Ruchika Sharma

Ruchika Sharma joined Medical Dialogue as an Correspondent for the Business Section in 2019. She covers all the updates in the Pharmaceutical field, Policy, Insurance, Business Healthcare, Medical News, Health News, Pharma News, Healthcare and Investment. She has completed her B.Com from Delhi University and then pursued postgraduation in M.Com. She can be contacted at editorial@medicaldialogues.in Contact no. 011-43720751

Dr. Kamal Kant Kohli

Dr Kamal Kant Kohli-MBBS, DTCD- a chest specialist with more than 30 years of practice and a flair for writing clinical articles, Dr Kamal Kant Kohli joined Medical Dialogues as a Chief Editor of Medical News. Besides writing articles, as an editor, he proofreads and verifies all the medical content published on Medical Dialogues including those coming from journals, studies,medical conferences,guidelines etc. Email: drkohli@medicaldialogues.in. Contact no. 011-43720751