Nestlé Unlikely to Shake Boost Glucose Control Deception Claims

Nestlé Healthcare Nutrition Inc.'s bid for summary judgment in a suit alleging it deceptively advertised Boost Glucose Control drinks will likely fail after the federal judge overseeing the case suggested Thursday that the central issue in the case is one for a jury.

Multiple plaintiffs said they expected the products to control their blood sugar, but expecting the products to reduce blood sugar wasn’t reasonable, Timothy Loose of Gibson Dunn & Crutcher LLP argued for Nestlé. One of the plaintiffs said he didn’t expect the products to lower his blood sugar if it was too high, Loose added.

That plaintiff ...