The US District Court for the Southern District of New York denied Abbott’s summary judgment motion Thursday.
Plaintiff Joanne Noriega sued in 2023 after she bought the product for her 8-year-old grandson. She said that after a year of drinking PediaSure every day, her grandson was still short for his age.
A rational juror could find the PediaSure packaging means the product helps children grow taller, said Judge Paul ...
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