FTC Gives Boost Claims the Boot

Nestle
has agreed to stop making allegedly deceptive claims in TV spots and other ads
for its BOOST Kids Essentials drink.

That
came in a settlement announced by the Federal Trade Commission Wednesday.

The
ads, which also included print, claimed that Boost Kid Essentials
prevented upper respiratory tract infections in kids, helped protect against
colds and flu and reduced absences from school because of illness.

"‪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, in a statement.
"Parents want to do right by their kids, and the FTC is helping them by
monitoring ads and stopping those that are deceptive."

As
part of the agreement, Nestle can make health claims for the product only if it
gets FDA approval. Such approval is not a requirement for health claims, but
the FTC decided that it would provide "clearer guidance."

Nestle
is also prevented "from making any claims about the health benefits,
performance, or efficacy of any probiotic and nutrition drinks that it sells at
retail" unless they can be backed up by scientific evidence.

The
decision was 5-0.

John Eggerton

Contributing editor John Eggerton has been an editor and/or writer on media regulation, legislation and policy for over four decades, including covering the FCC, FTC, Congress, the major media trade associations, and the federal courts. In addition to Multichannel News and Broadcasting + Cable, his work has appeared in Radio World, TV Technology, TV Fax, This Week in Consumer Electronics, Variety and the Encyclopedia Britannica.