Nestle HealthCare Nutrition, Inc., File No. 0923087, Proposed Consent Agreement #549604-00002 

Submission Number:
549604-00002 
Commenter:
Lee Thomason
Organization:
Spalding & Thomason
State:
Kentucky
Initiative Name:
Nestle HealthCare Nutrition, Inc., File No. 0923087, Proposed Consent Agreement

The proposed consent decree sets unreasonably stringent requirements for substantiating ads about probiotics, and it has the effect of chilling and constraining independent resellers of probiotics from providing consumers with useful information about conclusions published in peer-reviewed journals about the potential health and nutritional benefits of probiotics. For the reasons set out in the accompanying letter, it is respectfully requested that the substantiation provisions of the proposed consent decree be reconsidered. Lee Thomason, SPALDING & THOMASON