CAMDEN, N.J. (Legal Newsline) — A New Jersey mans claims Nestle's Boost Glucose Control nutrition drinks falsely lead consumers to believe the product manages diabetes.
Steven Owen, individually and on behalf of all others similarly situated filed a complaint March 16 in the U.S. District Court for the District of New Jersey against Nestle Healthcare Nutrition Inc., alleging violation of New Jersey's Consumer Fraud Act and other claims.
Owen, according to his class action, is a diagnosed diabetic who purchased the defendant's Boost Glucose Control from Amazon in April of 2022. He claims the over-the-counter Boost Glucose Control products are falsely labeled as "designed for people with diabetes" and sold as "nutritional drinks."
Specifically, Owen claims that by his "own clinical trial," the products were found to only cause a "merely" lesser rise in glucose levels as compared to another nutritional drink. He claims the products do not control glucose but only "produce a slightly favorable response to glucose levels despite Nestle implying the drinks help in the prevention and control of diabetes, which is deceptive.
He alleges the drink's label stating the product "helps manage blood sugar" leads customers to reasonably believe the product will control blood sugar levels.
Owen and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by lawyers at Kaplan Fox & Kilsheimer, Michael Braun of Kuzyk Law LLP in Los Angeles and Ross Rothenberg of The Rothenberg Law Firm LLP in New York City.
U.S. District Court for the District of New Jersey case number 3:23-CV-01018-TSH