A class action lawsuit has been filed in a New Jersey federal court by an individual claiming that the company Nestle has misrepresented the effectiveness of its Boost-branded Glucose Control drinks for managing insulin levels in people with diabetes. 

Nestle was hit with a similar lawsuit in December 2021 over claims it allegedly marketed Boost Glucose Control drinks for diabetes treatment and prevention. 

The plaintiff who filed the proposed class action, Steven Owen, alleges that Nestle’s marketing is misleading and that Boost Glucose Control drinks only offer a “slightly favorable response to glucose levels,” in comparison to another leading competitor. 

Owen’s complaint alleges that the way in which Nestle markets and labels Boost Glucose Control rises to the level of implying that the drink could prevent and/or treat diabetes. Because Boost Glucose Control is considered a dietary supplement, Owen’s complaint says that Nestle’s marketing is deceptive and prohibited by law owing to the fact that the FDA does not regulate Boost Glucose Control. 

In Nestle’s own clinical trial, the company concluded that Boost Glucose Control only produced a lesser rise in glucose levels when compared to one other unidentified nutritional drink, and doesn’t control glucose at all, the complaint states. 

According to Owen’s complaint, examples of deceptive marketing practices include the use of the labels, “HELP MANAGE BLOOD SUGAR,” and “DESIGNED FOR PEOPLE WITH DIABETES.” 

More than 29 million people in the U.S. have type 2 diabetes, a blood sugar disease that occurs when a person’s glucose level is chronically elevated as a result of the pancreas failing to produce enough insulin or the body failing to properly use insulin.

Nestle is accused in the lawsuit of “capitalizing on consumers’ desire to prevent, treat, and mitigate the effects of diabetes,” and of violating the New Jersey Consumer Fraud Act. In addition, Owen’s 26-page complaint says that Nestle is guilty of breach of warranty. Owen is seeking a jury trial and is seeking compensatory and punitive damages for class members.