Following a public comment period, the Federal Trade Commission finalized the Order settling charges that a subsidiary of Nestlé S.A., the world’s largest food and nutrition company, made deceptive advertising claims about the health benefits of its children’s drink BOOST Kid Essentials. As part of the settlement for this case, which is the FTC’s first one challenging advertising for probiotics, Nestlé HCN has agreed to drop the allegedly deceptive claims.
Under the settlement order, Nestlé HCN agreed to:
In the final Order, the Commission modified the
definition of “essentially equivalent product” to make it slightly broader. This modified definition is consistent with the one used in the proposed consent order with The Dannon Co., Inc., another case challenging claims for probiotics (FTC File No. 082-3158, accepted for public comment, December 15, 2010).
The Commission vote approving the final Order was 5-0. (FTC File No. 549015; the staff contact is Karen Mandel, Bureau of Consumer Protection, 202-326-2491; see the complaint, dated July 14, 2010.)
Copies of the documents mentioned in this release are available from the FTC’s website at http://www.ftc.gov and from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.