SAN
JOSE, Calif., June 24,
2024 /PRNewswire/ --
What is the lawsuit about? The lawsuit contends
that certain statements Abbott Laboratories ("Abbott") made on the
labels of certain PediaSure Grow & Gain and PediaSure Sidekicks
products ("PediaSure Products") are allegedly false or
misleading because they convey that the PediaSure Products are
healthy, nutritious, and balanced, when they allegedly
contain excessive amounts of added sugar. Plaintiffs also
allege that Abbott omitted material information by not
disclosing the effects on children's health of consuming the added
sugar found in the PediaSure Products. This case does not
cover physical harm that may have been caused to your child from
consuming PediaSure products, nor are Plaintiffs seeking any
monetary compensation for any such physical harm. Abbott
maintains that its labeling statements are true, that the amount of
sugar is disclosed on every PediaSure package, that the PediaSure
Products provide nutritional benefits for children, particularly
children who are behind in growth, and that, in any event,
consumers purchase PediaSure for multiple, highly individualized
reasons having nothing to do with PediaSure's labels, including
because a healthcare professional recommended PediaSure. The
Court has not determined whether Plaintiffs or Abbott are
correct.
The lawsuit is proceeding as a class action on behalf of all
persons who purchased certain PediaSure Products in
person at a retail location in California at specified time periods since
March 2015. There is no money available to members of the
class now and no guarantee that class members will ever be entitled
to money due to this lawsuit. However, your legal rights will be
affected if you are a member of one or more subclasses and do not
exclude yourself.
Who is included? The Court has certified two subclasses
that could potentially recover money for their purchases of
PediaSure, as part of this class action lawsuit ("Monetary
Subclasses"). You are a member of a Monetary Subclass
("Subclass Member") if you bought one of the PediaSure Products
covered by a subclass in a retail store in California for household use, and not for
resale or distribution, during certain date ranges. If you
purchased a PediaSure Product on the internet (including via a
computer, cellular phone, tablet, or other device), but never
purchased a PediaSure Product in person at a retail location, you
are not a Subclass Member. You also are not a Subclass Member
if you purchased a PediaSure Product due to a doctor's
prescription.
For a complete list of the PediaSure Products and date ranges
for purchases covered by the Monetary Subclasses, please visit
www.PediaSureClassActionLawsuit.com or call
1-888-920-8364.
What are your options?
If you do nothing, you will remain a Subclass
Member. If you stay in the Subclass and Plaintiffs obtain
benefits for that Subclass in the class action, either as a result
of a trial or a settlement, additional notice will be distributed
about how to obtain those benefits. You also will be bound by
the Court's orders, including any judgment against Plaintiffs and
in favor of Abbott, and will lose any right you may have to sue
Abbott over the claims in this case in the future.
If you ask to be excluded, you will not be a
Subclass Member, will not be bound by what the Court decides, and
will keep any right you might have to sue Abbott separately.
If you exclude yourself, you cannot share in any money that
may be awarded to the Subclass(es). You cannot exclude
yourself from the injunctive relief sought in this case.
If you want to stay in the Subclass, you do not have to do
anything now. If you want to exclude yourself from the
Subclass, you must complete, sign, and submit an exclusion
request form or send a letter asking to be excluded.
Instructions for making this request can be found at
www.PediaSureClassActionLawsuit.com. Exclusion requests must
be made or postmarked by September 3,
2024.
If you do not request exclusion, you or your own lawyer may (but
do not have to) participate or speak in this lawsuit. Detailed
information is available at www.PediaSureClassActionLawsuit.com and
toll-free at 1-888-920-8364.
View original
content:https://www.prnewswire.com/news-releases/purchasers-of-certain-pediasure-products-in-california-may-have-their-rights-affected-by-a-class-action-lawsuit-302180494.html
SOURCE Epiq