FTC Finalizes First Case Alleging Deceptive Ads for Probiotics

The Federal Trade Commission (FTC) has announced that final approval was
given to a settlement reached with a Nestlé S.A. subsidiary over claims that
its children’s drink, BOOST Kid Essentials®, conferred specific health benefits,
such as reducing the risk of colds and flu and reducing the duration of acute
diarrhea. More information about the settlement appears in Issue 356 of this
Update. And the summary of a related lawsuit that the National Consumers
League filed against the company can be found in Issue 360 of this Update.
The FTC said that this case was the agency’s “first one challenging advertising
for probiotics.” See FTC News Release, January 18, 2011.