75-Page Decision: Abbott Must Defend PediaSure 'Grow & Gain' Marketing in Court

In a meticulously crafted 75-page decision, US District Judge Paul Engelmayer peeled back the layers of Abbott's PediaSure marketing, concluding that a reasonable jury could find the product's packaging and commercials misleading. The ruling is a significant development in consumer protection law, testing the boundaries of what 'clinically proven' means when applied to growth claims for children.

A federal judge has ruled that Abbott Laboratories must face a proposed class-action lawsuit alleging the company misled consumers with its marketing of PediaSure Grow & Gain drinks, claiming the product is 'clinically proven' to help children grow. In a 75-page decision issued June 4, 2026, US District Judge Paul Engelmayer in New York found that the product's packaging and commercials could lead reasonable consumers to interpret 'grow' as an increase in height, not just overall development, opening the door to potential liability for the healthcare giant.

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The $70-billion global infant and child nutrition market is rife with claims about growth, immunity, and cognitive development, many of which rest on limited or industry-funded studies.

The lawsuit, brought by plaintiff Joanne Noriega, centers on her grandson, who she says remained short after a year of daily PediaSure consumption but became significantly overweight. Noriega's attorney, James Denlea, welcomed the ruling as a victory for consumers who feel deceived by the product's promises. The judge pointed to the product's label—featuring a giraffe and ruler-like marks—as explicitly evoking height growth, while the word 'gain' implied weight. He also cited a television commercial showing a boy comparing himself to taller peers, reinforcing that message.

Abbott, a diversified healthcare company with segments in medical devices, diagnostics, nutrition, and pharmaceuticals, has defended its labeling as 'appropriate' and supported by scientific evidence. The company maintains that PediaSure supports children's growth and development, and that the 'clinically proven' language is precise and verifiable. However, the judge's decision means a jury will now decide whether that claim is substantiated—or whether it crosses the line into deceptive marketing under consumer protection laws.

The ruling has significant implications beyond this single product. The $70-billion global infant and child nutrition market is rife with claims about growth, immunity, and cognitive development, many of which rest on limited or industry-funded studies. The case could set a precedent for how courts evaluate 'structure-function' claims on dietary supplements and foods, which are regulated differently than drugs. If Abbott loses, it may force the entire industry to rethink the visual and textual cues it uses to communicate benefits to anxious parents.