TRENTON, N.J. (Legal Newsline) - Diabetics aren't benefiting from Nestle's BOOST-brand glucose control drinks, a new class action alleges.
Three firms - Kaplan Fox & Kilsheimer, Kuzyk Law and The Rothenberg Law Firm - filed suit May 16 against Nestle Healthcare Nutrition, claiming the company's marketing is misleading and taking advantage of diabetics' desire to treat their disease.
The suit says claims that the drinks control glucose are false.
"Defendant's own clinical trial concluded that the products were associated with merely a lesser rise in glucose levels as compared to one other unidentified nutritional drink," the suit says. "Shockingly, the products do not control glucose at all, but rather only produce a slightly favorable response to glucose levels as compared to one other unidentified product."
The products state "HELP MANAGE BLOOD SUGAR" and "DESIGNED FOR PEOPLE WITH DIABETES."
Because the drinks are not FDA-approved drugs, they may not "bear explicit or implied disease claims," the suit says.