National Plaintiffs’ Law Firm Baron and Budd Advances False Advertising Lawsuit Attacking Ensure Muscle Health and Ensure

  National Plaintiffs’ Law Firm Baron and Budd Advances False Advertising
  Lawsuit Attacking Ensure Muscle Health and Ensure Clinical Strength Products

Abbott Laboratories Faces a Lawsuit Accusing the Global Pharmaceutical Company
                           of Misleading Consumers

Business Wire

LOS ANGELES -- August 5, 2013

On Friday, a federal judge in California rejected attempts by Abbott
Laboratories to dismiss a false advertising and misrepresentation case
concerning the company’s Ensure Muscle Health and Ensure Clinical Strength
products. Baron and Budd attorneys Roland Tellis and Mark Pifko represent the
plaintiff in the lawsuit, Mr. Michael J. Otto, a 69-year-old California
resident who seeks to represent a nationwide class of consumers.

The packaging for the Ensure Muscle Health and Ensure Clinical Strength
products tells consumers that the products will “help rebuild muscle and
strength naturally lost over time.” According to the lawsuit, Abbott
Laboratories used pseudo-scientific terms in its marketing materials and
advertisements, claiming that the products’ ability to rebuild strength comes
from Revigor®, which is the company’s proprietary formulation of the amino
acid metabolite HMB.

As alleged in the lawsuit, Abbott Laboratories fails to inform consumers that
the products’ claims of “rebuilding strength” are unavailable to consumers who
are vitamin D deficient. This is significant because, according to the
lawsuit, the products are primarily marketed to baby boomers who are naturally
losing muscle with age, and at least 60 percent of elderly adults are vitamin
D deficient.

“In effect, by luring consumers in with its false and misleading promises
about Revigor®/HMB, Abbott convinces consumers of the Products to pay $32 per
gallon for what is basically chocolate milk,” the lawsuit asserts. “We are
pleased with the Court’s ruling and we look forward to the opportunity to
bring justice to consumers for the conduct alleged in the complaint,” said
Baron and Budd attorney Mark Pifko.

In denying Abbott Laboratories’ attempts to dismiss the case, the Judge
explained, “…assuming that 60 percent of elderly consumers are vitamin-D
deficient, the Court can plausibly infer that elderly consumers deciding
whether to purchase the Products would attach importance to the fact that
Revigor only builds strength in vitamin-D sufficient individuals. In short, it
is reasonable to think that a person buying a product would find significant
that it is more likely than not that the product will fail to deliver its
promised benefits.”

About Baron & Budd, P.C.

The law firm of Baron & Budd, P.C., with offices in Dallas, Baton Rouge,
Austin and Los Angeles, is a nationally recognized law firm with a 35-year
history of "Protecting What's Right" for people, communities and businesses
harmed by negligence. Baron & Budd's size and resources enable the firm to
take on large and complex cases. The firm represents individuals, governmental
and business entities in areas as diverse as water contamination, Gulf oil
spill, Qui Tam, California Proposition 65 violations, dangerous medications
and medical devices, Chinese drywall, insurance claims, consumer fraud,
securities fraud and asbestos-related illnesses such as mesothelioma.


Baron & Budd
Susan Knape, 214-629-0596
Amanda Billo, 214-991-1051
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