Boost nutritional supplement drinks come from Nestle USA, Inc. and appear to be aimed at people with diabetes. The complaint for this class action makes two allegations. First, it says, the drinks make druglike claims but have not been tested or approved by the Food and Drug Administration (FDA). Second, it says, the products seem to suggest they control blood glucose levels when in fact they do not.
Two classes have been defined for this action:
- The California Class is all persons in California who bought the products for personal use and not for resale.
- The New York Class is all persons in New York who bought the products for personal use and not for resale.
The products at issue for both classes include the following:
- Boost Glucose Control
- Boost Glucose Control High Protein
- Boost Glucose Control Max
The primary difference between the three products, the complaint alleges, is that they offer different levels of protein—16 grams, 22 grams, and 30 grams, respectively.
According to the complaint, the bottles show representations claiming that the products “help[] manage blood sugar,” or that they are “designed for people with diabetes.” The very name, “Boost Glucose Control,” it says, represents that the drinks control glucose.
The FDA has rules that apply to substances that claim to prevent or treat disease. The complaint alleges that the drinks’ representations make druglike claims, which would mean that they would have to be tested and approved as drugs by the FDA. It alleges that Nestle has not obtained this approval for the drinks.
The complaint alleges, “The Products are mislabeled, and trick[] reasonable consumers into believing that [they] can prevent and treat diabetes.” Reasonable consumers, the complaint claims, will take the representations “to mean that the Products affirmatively control their blood glucose levels: that it will make their glucose level better than prior to drinking it.”
Is this true? The complaint alleges that it is not: It claims that the clinical trial for Boost Glucose Control “concluded that the Products were associated with a lesser rise in glucose levels as compared to one other nutritional drink that was unidentified in the study.” This means, the complaint contends, that “[t]he Products do not control glucose, but rather produce a ‘less bad’ response to glucose compared to one unknown product. That is not the same as controlling glucose.”
The complaint claims, “Nestle considers the Products to be Diabetes Specific Oral Nutrition Supplements, as explained in the clinical study … undertaken by the Nestle Nutrition Institute.” The complaint reviews representations on the bottles and on the packaging for multipacks of the drinks.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Boost Glucose Control Drinks Make Druglike Claims Complaint
Boost nutritional supplement drinks come from Nestle USA, Inc. and appear to be aimed at people with diabetes. The complaint for this class action makes two allegations. First, it says, the drinks make druglike claims but have not been tested or approved by the Food and Drug Administration (FDA). Second, it says, the products seem to suggest they control blood glucose levels when in fact they do not.
Boost Glucose Control Drinks Make Druglike Claims ComplaintCase Event History
Boost Glucose Control Drinks Make Druglike Claims Complaint
Boost nutritional supplement drinks come from Nestle USA, Inc. and appear to be aimed at people with diabetes. The complaint for this class action makes two allegations. First, it says, the drinks make druglike claims but have not been tested or approved by the Food and Drug Administration (FDA). Second, it says, the products seem to suggest they control blood glucose levels when in fact they do not.
Boost Glucose Control Drinks Make Druglike Claims Complaint