FTC Settles Charges over False-Advertising Claims for Cereal
The Federal Trade Commission (FTC) has announced that Kellogg Co. agreed to settle false-advertising charges involving Frosted Mini-Wheats® advertisements that claimed the product was “clinically shown to improve kids’ attentiveness by nearly 20 percent.” According to FTC, the clinical study on which the ads were based showed that “only about half the children who ate Frosted Mini-Wheats for breakfast showed any improvement in attentiveness, and only about one in nine improved by 20 percent or more.”
Under the consent order, Kellogg agrees to pull its offending ads and not to express or imply that its cereal improves attentiveness “unless, at the time [the claim] is made, the representation is true and non-misleading.” The company also agreed not to make any representation “about the benefits, performance, or efficacy of such product for cognitive function, cognitive processes, or cognitive health, unless the representation . . . relies upon competent and reliable scientific evidence that substantiates the representation.”
FTC will publish the order in the Federal Register for public comment. If finalized, the order will have the force of law as to future actions and each violation “may result in a civil penalty of $16,000.” FTC Chair Jon Leibowitz was quoted as saying, “We tell consumers that they should deal with trusted national brands. So it’s especially important that America’s leading companies are more ‘attentive’ to the truthfulness of their ads and don’t exaggerate the results of tests or research. In the future, the commission will certainly be more attentive to national advertisers.”
The Center for Science in the Public Interest (CSPI) applauded FTC’s action, calling it “a strong sign the false advertising cop is back on the beat, and the agency will no longer tolerate misleading health claims.” CSPI characterized the ads as “astonishing,” and added “if Kellogg sincerely wanted to improve children’s attentiveness, it would phase out the use of Blue 1, Blue 2, Red 40, and any other synthetic food dyes that show up in some varieties of Mini-Wheats. Those dyes exacerbate some children’s hyperactivity and behavioral problems, and have no place in foods aimed squarely at children.”
Kellogg reportedly issued a statement following the agreement’s announcement, stating “Kellogg Company has a long history of responsible advertising. We stand behind the validity of our clinical study yet have adjusted our communication to incorporate FTC’s guidance.” See FTC Press Release, CSPI Press Release, Product Liability Law 360, and MSNBC.com, April 20, 2009.
