Class Sues Nestle for ‘Brain Juice’ Claims

LOS ANGELES (CN) - Nestle is a "snake oil salesman" that sells "Brain Juice" to parents on the bogus claim that it will improve their children's brain function, a woman claims in a Superior Court class action. Alexis Farmer says she bought Nestle's "Juicy Juice Brain Development Fruit Juice" believing its claims that it contains "DHA - an omega-3 fatty acid especially important for brain development in children under two years old."

Farmer cites a litany of claims from Nestle's label, Web site and a TV ad, such as, "It's crucial that your child receive nutrients such as DHA Omege-3 during these early years," and that Nestle's "Brain Juice" has it.

The dietary supplement industry has become one of the leading consumer businesses in the United States in recent years.

"In an effort to 'grab' some of those billions, unscrupulous marketing companies routinely toss a small amount of a particular substance into a preexisting product and advertise said product as though it could provide results beyond what would be a reasonable explanation," the complaint states.

Here is how the complaint describes a TV commercial: "A television commercial for Brain Juice pictures a mother and young child. The mother repeatedly instructs the child to touch her nose, but the child does not. However, after the mother pours her child a glass of Brain Juice, the child points to the dog's nose and says 'nose.' This television advertisement implies that consumption of Brain Juice by a child can accelerate the pace at which that child learns skills associated with language, motor functions, memory, and the free association of thought and ideas."

Farmer accuses Nestle of false and misleading advertising, unjust enrichment, fraud, and violating civil codes. She seeks damages and an injunction.

The class is represented by Wayne Kreger with Milstein, Adelman & Kreger.

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