Wells v. Abbot Laboratories, Inc.
Superior Court for the County of Los Angles (Class Action). Plaintiff alleges in this class action lawsuit
that Defendants manufacture, distribute and sell high carbohydrate,
high calorie snack bars, which are deceptively and inaccurately
characterized by Defendants as "low-carbohydrate" products. Plaintiff
further alleges
that Defendants’ use of certain phrases in marketing material and on
the front of the product packaging, such as “impact carbs,” “low-carb,”
“carb sense,” “net carb,” and “carb control,” along with certain
numerical factors associated with those terms (e.g., “4 net carbs”), is
misleading and likely to deceive consumers.
The
disclosure of the total carbohydrate content is located on the back of
the packaging for these products and concealed under the flap so that
the consumer cannot see it. These products were marketed under the
brand names "Advant Edge Carb Control Nutrition Bar," "Advant Edge Carb
Control," and "Myoplex Carb Sense Nutrition Bar." Discovery is currently being conducted. A Motion for Class Certification is anticipated to be filed in the near future.