A California federal judge ruled Thursday that a proposed class action against Nestle, involving claims that the company falsely markets its Boost Glucose Control drinks as suitable for preventing and treating diabetes, will proceed. U.S. District Judge Jacqueline Scott Corley denied Nestle’s motion for summary judgment, stating that some issues should go to trial, while noting that one plaintiff, Sandra George, may face dismissal due to continued purchases of the product after the lawsuit was filed.
The class action lawsuit, filed in December 2021, accuses Nestle of misleading consumers with false claims about the effectiveness of its Boost Glucose Control drinks for managing blood sugar levels. The plaintiffs allege violations of California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act.
During the hearing in San Francisco, Judge Corley expressed skepticism over whether George, who continued purchasing the product, could prove injury. However, plaintiffs’ attorney Trenton Kashima emphasized that under California law, consumers may be considered injured if they purchased a product based on misleading advertising, regardless of their continued use. He cited the 2009 In re: Tobacco II Cases decision, which allows for injury claims based on substantial reliance on deceptive advertising.
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Another plaintiff, Bruce Horti, testified that he bought the product because he...
By Matthew Knott and Nick Bonyhady April 19, 2025 — 5.54pm , register or subscribe to save articles for later. Save articles for later Add articles to your saved list and come back to them any tim...