NAD Refers CytoSport Ads to FTC

NEW YORK—The National Advertising Division (NAD) of the Council of Better Business Bureaus (BBB) is referring advertising claims made by Benicia, Calif.-based CytoSport Beverage Co. for its Muscle Milk product to FTC and FDA for review. Under its National Advertising Review Council (NARC) terms, NAD had asked the company for substantiation of certain claims for its product following a challenge to its advertising filed by Glendale, Calif.-based Nestle USA.

In the challenge, Nestle said the marketing of Muscle Milk is false and misleading, alleging consumers would be misled into thinking the product is a supplemented milk product instead of a dietary supplement. CytoSport responded that its product claims are truthful and non-misleading and that the product name is a non-deceptive registered trademark; the company declined to participate in the NAD review, stating the review was unnecessary and inappropriate.