The State of California has multiple statutes that protect consumers from misleading and false advertising. Some of these laws include the Unfair Competition Law ("UCL"), the False Advertising Law ("FAL"), and the Consumer Legal Remedies Act (CLRA"). Combined, these laws serve to both protect consumers and afford legal recourse in the event of a company's false advertising of a product or service. In a recent court action, Plaintiffs (consumers), brought an action in a California District Court, against Abbott Laboratories ("Abbott"), the maker of "nutrition" drinks, offered under the "Ensure" brand. The suit alleged multiple false advertising causes of action against Abbott.
Plaintiffs claimed that in purchasing the Ensure drinks, they relied on Abbott's label representations, including that the products were both "Doctor Recommended" and characterized as "nutrition shake[s]." In support of their claims, Plaintiffs pointed out that Abbott added up to 22 grams of sugar per serving to the Ensure drinks, and that there is scientific evidence to support the notion that "consuming sugar-sweetened beverages harms, rather than supports, overall health." Accordingly, Plaintiffs alleged that the labeling found on Ensure beverages, promoting them as "balanced, nutritious, and healthy," amounts to false and misleading advertising.
Abbott asserted many defenses to Plaintiffs'...
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