The FTC complaint charges that from autumn 2008 to autumn 2009, Nestlé HealthCare Nutrition made deceptive claims in TV, magazine and print ads that Boost Kid Essentials prevents upper respiratory tract infections in children, protects against colds and flu by strengthening the immune system, and reduces absences from daycare or school due to illness.
Boost Kid Essentials is a nutritionally complete drink intended for children ages 1-13. The probiotics in Boost Kid Essentials are embedded in a straw that comes with the drink, which was prominently featured in ads for the product.
“Nestlé’s claims that its probiotic product would prevent kids from getting sick or missing school just didn’t stand up to scrutiny,” said David Vladeck, director of the FTC’s Bureau of Consumer Protection. “Parents want to do right by their kids, and the FTC is helping them by monitoring ads and stopping those that are deceptive.”
The advertisements challenged by the FTC featured the drink’s probiotic straw. In one ad, the straw jumped out of the drink box, formed a protective barrier around a girl as she encountered a sneezing boy, and then formed steps allowing her to reach a basketball hoop and shoot a ball into the net.
Under the proposed settlement, Nestlé HCN has agreed to stop claiming that Boost Kid Essentials will reduce the risk of colds, flu, and other upper respiratory tract infections unless the claim is approved by the Food and Drug Administration.
Although FDA approval of health claims generally isn’t required for compliance with the FTC Act, in this case, the FTC determined that requiring FDA pre-approval before Nestlé HCN makes claims that certain products prevent or reduce the risk of upper respiratory tract infections will provide clearer guidance.
In turn, this will facilitate Nestlé HCN’s compliance with the proposed settlement order and will make the order easier to enforce. Nestlé HCN also has agreed to stop claiming that Boost will reduce children’s sick-day absences and the duration of acute diarrhoea in children up to age 13, unless the claims are true and backed by at least two well-designed human clinical studies.
The FTC’s proposed settlement also prohibits Nestlé HCN from making any claims about the health benefits, performance, or efficacy of any probiotic and nutrition drinks that it sells at retail, unless the claims are true and backed by competent and reliable scientific evidence. It also bars the company from misrepresenting any tests or studies.
Source: Federal Trade Commission
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