Nestle Drops Deceptive Health Claims

WASHINGTON In response to a complaint by the Federal Trade Commission (FTC), Nestlé HealthCare Nutrition, Inc., has agreed to drop deceptive health claims in advertising for BOOST Kid Essentials. In its complaint, the FTC charged that, from fall 2008 to fall 2009, television and print ads for the childrens nutritional drink made deceptive claims about the products ability to prevent upper respiratory tract infections in children, protect against colds and flu by strengthening the immune system, help children up to age 13 recover more quickly from diarrhea, and reduce the number of absences from daycare or school due to illness. The complaint specifically targeted the probiotic straw included with the drink. According to the FTC, this is its first case challenging advertising for probiotics.

Nestlés claims that its probiotic product would prevent kids from getting sick or missing school just didnt stand up to scrutiny, said David Vladeck, Director of the FTCs Bureau of Consumer Protection. 

Under the proposed settlement, Nestlé HealthCare Nutrition will stop claiming that BOOST Kid Essentials will reduces risk of colds, flu and other upper respiratory tract infections, unless the claim is approved by FDA, even though FDA approval of health claims typically is not required for compliance with the FTC Act. In this case, the FTC determined that requiring FDA pre-approval before Nestlé makes claims that certain products prevent or reduce the risk of upper respiratory tract infections will provide clearer guidance. In turn, this will facilitate Nestlés compliance with the proposed settlement order and will make the order easier to enforce.

Nestlé also has agreed to stop claiming that BOOST will reduce childrens sick-day absences and the duration of acute diarrhea in children up to age 13, unless the claims are true and backed by at least two well-designed human clinical studies.

The FTCs proposed settlement prohibits Nestlé from making any claims about the health benefits, performance or efficacy of any probiotic and nutrition drinks 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.

The FTC will publish an announcement regarding the agreement in the Federal Register soon. The agreement will be open to public comment for 30 days, beginning today and continuing through August 16, 2010, after which the FTC will decide whether to make it final. Click here to file a comment.