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September 17, 2012 / Scott Tillett

Ensure Shaken Up by Class False Advertising Class Action Lawsuit

On August 22, 2012, a class action lawsuit was filed in California federal court against Abbot Laboratories, Inc., makers of “Ensure” health drinks.  The complaint, brought by plaintiff Michael J. Otto,  alleges that Abbott Laboratories advertises false health benefits, such as rebuilding muscle, in violation of the Consumer Legal Remedies Act, Unfair Competition Law, and False Advertising Law.  Abbott Laboratories allegedly does this through promotion of its proprietary ingredient, “Revigor,” and advertisements claiming that Ensure is the “#1 doctor recommended brand.”

According to Otto, the Ensure product advertising is false and misleading because consuming the product alone, without exercise, will not deliver the health and wellness benefits promised by Abbott.  Mr. Otto claims that Abbott Laboratories makes these allegedly false claims in order to promote sales of its products through deception.  According to Otto, he and the other class members would not have bought the product but for the false advertising on the product’s label.

Otto has brought the class action on behalf of all U.S. residents who purchased Ensure Muscle Health Shake or Ensure Clinical Strength from August 14, 2008 through the final judgment.  He seeks damages, restitution, disgorgement, injunctive relief, and a Court order requiring Abbott Laboratories to promote a corrective advertising campaign.

Have you been the victim of fraud in the marketplace?  If so, please call Khorrami, LLP for a confidential consultation.

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