---
title: "Nutrition Expert Not Allowed to Opine on FTC Compliance"
meta:
  "og:description": "The nutrition expert was not allowed to opine on FTC compliance and consumer perception due to his lack of expertise"
  "og:title": "Nutrition Expert Not Allowed to Opine on FTC Compliance"
  author: "Expert Witness Profiler"
  description: "The nutrition expert was not allowed to opine on FTC compliance and consumer perception due to his lack of expertise"
---

# Nutrition Expert Not Allowed to Opine on FTC Compliance

Posted on June 5, 2026 by Expert Witness Profiler

This putative class action involves claims that a manufacturer falsely marketed its pediatric nutrition beverage as helping children grow taller. Joanne Noriega sued Abbott Laboratories (“Abbott”), claiming that the packaging and marketing of its beverage, PediaSure Grow & Gain (“PediaSure”), has thus misled consumers. Noriega claimed that she purchased PediaSure for her grandson based on Abbott’s representation that PediaSure is “Clinically Proven to Help Kids Grow (the “challenged statement”). That claim, she alleged, allowed Abbott to charge a price premium for the product.

Abbott filed motions to exclude the testimony of Dr. [Gita Johar](https://expertwitnessprofiler.com/expert-witness/Gita-Johar/1575884) (as to consumer perception of the challenged statement), Dr. [Daniel Hoffman](https://expertwitnessprofiler.com/expert-witness/Daniel-Hoffman/1575885) (as to scientific studies of PediaSure’s effects on growth), and Dr. [William Ingersoll](https://expertwitnessprofiler.com/expert-witness/William-Ingersoll/1559843)(as to the price premium attributable to the challenged statement). Noriega filed motions to exclude the testimony of Dr. [Ran Kivetz](https://expertwitnessprofiler.com/expert-witness/Ran-Kivetz/1548145) (as to the materiality of the challenged statement) and Dr. [Melvin Heyman](https://expertwitnessprofiler.com/expert-witness/Melvin-Heyman/1524063) (as to scientific studies).