November 30, 2022

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Ensure class action alleges nutrition drinks falsely advertised as healthy food choice

2 min read


Abraham Jewett  |&nbsp

October 12, 2022

Category: Food

Close up, selective focus on Ensure nutritional drinks for sale inside a Safeway grocery store.
(Photo Credit: Colleen Michaels/Shutterstock)

Ensure nutrition drinks class action lawsuit overview: 

  • Who: Condalisa LeGrand and Larissa Bates filed a class action lawsuit against Abbott Laboratories. 
  • Why: LeGrand and Bates claim Abbott misleadingly represents that its Ensure nutrition drinks are healthy despite them adding up to 22 grams of sugar into them. 
  • Where: The class action lawsuit was filed in California federal court. 

Abbott Laboratories misrepresents that its Ensure nutrition drinks are healthy, despite their sugar content scientifically proving otherwise, a new class action lawsuit alleges.

Plaintiffs Condalisa LeGrand and Larissa Bates claim Abbott adds up to 22 grams of sugar into its Ensure nutrition drinks, in spite of advertising them as “Complete, Balanced Nutrition for everyday health.” 

LeGrand and Bates argue Abbott’s representations of its Ensure nutrition drinks as healthy are “false and misleading” due to “a vast body of scientific evidence demonstrating that consuming sugar sweetened beverages harms rather than supports overall health.” 

“In light of this sugar content and the scientific evidence, Abbott’s representations that the Ensure Nutrition Drinks are balanced, nutritious, and healthy, are false and misleading,” states the Ensure class action. 

LeGrand and Bates want to represent a nationwide class and New York and California subclasses of consumers who have purchased for personal or household use any of Abbott’s Ensure nutrition drinks. 

Ensure nutrition drinks allegedly not healthy due to sugar content

LeGrand and Bates claim Abbott is guilty of unjust enrichment and intentional and negligent misrepresentation, and in violation of, among other things, New York General Business Law, and California’s Consumers Legal Remedies Act

Plaintiffs are demanding a jury trial and requesting declaratory and injunctive relief along with an award of compensatory and punitive damages for themselves and all class members. 

The U.S. Food and Drug Administration acknowledged last month that there were shortcomings in its response to the nationwide baby formula shortage caused by a bacterial contamination at an Abbott Nutrition factory.

Have you purchased Abbott’s Ensure nutrition drinks? Let us know in the comments! 

The plaintiffs are represented by Jack Fitzgerald, Paul K. Joseph, Melanie Persinger, Trevor M. Flynn, and Caroline S. Emhardt of Fitzgerald Joseph LLP. 

The Ensure nutrition drinks class action lawsuit is LeGrand, et al. v. Abbott Laboratories, Case No. 3:22-cv-05815, in the U.S. District Court for the Northern District of California.



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