Ensure Consumer Can’t Reinstate ‘Healthy’ Misrepresentation Suit

A consumer’s proposed class action alleging Abbott Laboratories mislabeled Ensure nutrition beverages as healthy and nutritious despite excessive sugar content was properly dismissed, a federal appeals court said Friday.

The challenged label statements weren’t “alleged to be affirmatively inaccurate, or contradictory to the Nutrition Facts Panel, because none of the challenged statements reference the sugar content of the product,” the US Court of Appeals for the Second Circuit said in a summary order. Judges Susan L. Carney, Joseph F. Bianco, and William J. Nardini were present for oral arguments.

• The judges distinguished the case from one where a consumer’s ...