Court Rejects Class Certification in Matter Alleging Mislabeling

An Edgeworth Economics team, led by Dr. John H. Johnson and Dr. Jesse David, was retained by Abbott Laboratories, Inc. in a matter in which it was alleged that Abbott misled consumers by labeling its Ensure Muscle Health nutrition shake product by including the claim that the product helped “rebuild muscle and strength naturally lost over time.” The team assessed issues related to class certification and, in his expert report, Dr. Johnson showed that Plaintiff’s proposed class-wide methodology was unreliable and inconsistent with known facts about the Ensure products and Abbott’s pricing. Class certification was denied multiple times.