Purchasers of Certain PediaSure Products in California may have their rights affected by a class action lawsuit

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Jun 24, 2024, 20:00 ET

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.

SOURCE Epiq