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July 15, 2010
In FTC's First Probiotics Case, Nestle Settles False Advertising Charges
by Jenna Greene
The National Law Journal
Food giant Nestle S.A. on Wednesday settled Federal Trade Commission charges that it made deceptive claims in advertising a children's nutritional drink.
In the agency's first-ever case involving probiotics -- live, beneficial bacteria -- the FTC alleged that Nestle falsely claimed 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 day care or school due to illness.
The drink, which is made by Nestle subsidiary Nestle HealthCare Nutrition Inc., comes with a straw embedded with probiotics. In one ad, Nestle showed the straw forming a protective barrier around a girl as she encountered a sneezing boy, and then the straw forms steps allowing her to reach a basketball hoop and shoot a ball into the net.
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