Prescott

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STEVEN PRESCOTT, et al., Case No. 23-cv-04348-PCP

Plaintiffs,

ORDER GRANTING IN PART

v. MOTION TO DISMISS

ABBOTT LABORATORIES, Re: Dkt. No. 29 Defendant.

12 In this putative consumer fraud class action, plaintiffs challenge the labeling of defendant Abbott Laboratories’s Glucerna line of powders and shakes, which are marketed as scientifically designed for people with diabetes to help manage blood sugar. Plaintiffs allege that because the products contain sucralose and other additives, the products do not provide the promised health benefits. For the reasons set forth in more detail below, Abbott’s motion to dismiss these claims is denied except as to plaintiffs’ claims for injunctive relief. I. Background The following facts from the complaint are taken as true in resolving this motion. Abbott sells a line of “Glucerna” branded shakes and powders that are marketed to diabetic, prediabetic, and health-conscious…