Steven Owen v. Nestle Healthcare Nutrition, Inc.

I. BACKGROUND1

A. FACTUAL BACKGROUND

Nestle markets a line of over-the-counter nutritional beverages under its brand “Boost.” (Compl. ¶ 1.) One of these beverages is named “Glucose Control.” (Id.) It is touted as being

“designed for people with diabetes” to “help manage blood sugar.” (Id.) Consumers interpret Nestle’s branding and messaging to mean that the Glucose Control products will control and manage their blood glucose levels. (Id.) This is inconsistent, however, with a clinical trial performed by Nestle, which “concluded that the Products were associated with merely a lesser rise in glucose levels as compared to one other unidentified nutritional drink.” (Id.) Based on the disparity between Nestle’s representations and consumers’ reasonable expectations, Plaintiff brings this suit on behalf of himself and a proposed nationwide class for: violation of the New Jersey Consumer Fraud Act, N.J.S. §§ 56:8-1, et seq. (Count I); breach of express warranty (Count II); Breach of Implied Warranty of Merchantability (Count III); and unjust enrichment (Count IV).

B. PROCEDURAL HISTORY

Plaintiff began this suit by filing the Complaint on May 16, 2022. (ECF No. 1.)…