In re: Nestle Boost Nutritional Drink Litigation
Opinion
Trial Court Opinion
BACKGROUND
23 Defendant markets and distributes Boost Glucose Control and Boost Glucose Control High 24 Protein. Plaintiffs challenge three statements that have appeared on Defendant’s labels during the 25 26 27 relevant period’: (1) “designed for people with diabetes”; (2) the name of the product (“Boost ’ Glucose Control”); and (3) “helps manage blood sugar” followed by an asterisk referring to ’ language on the back of the label stating “Clinically shown to produce a lower blood sugar || response vs. a standard nutritional drink in people with type 2 diabetes. Incorporate into a balanced diet as part of a medically supervised diabetes management plan. Not a substitute for medication.” (Dkt. Nos. 84-2 (bold in original); 84-3.)?> Examples of the front and back label statements are pictured below: Taal ee eR a —HELPS cattaee MA eNestie