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FTC Gives Boost Claims the Boot

has agreed to stop making allegedly deceptive claims in TV spots and other ads
for its BOOST Kids Essentials drink.

came in a settlement announced by the Federal Trade Commission Wednesday.

ads, which also included print, claimed that Boost Kid Essentials
prevented upper respiratory tract infections in kids, helped protect against
colds and flu and reduced absences from school because of illness.

"‪Nestlé's claims that its probiotic product would prevent kids from
getting sick or missing school just didn't stand up to scrutiny," said David
Vladeck, director of the FTC's Bureau of Consumer Protection, in a statement.
"Parents want to do right by their kids, and the FTC is helping them by
monitoring ads and stopping those that are deceptive."

part of the agreement, Nestle can make health claims for the product only if it
gets FDA approval. Such approval is not a requirement for health claims, but
the FTC decided that it would provide "clearer guidance."

is also prevented "from making any claims about the health benefits,
performance, or efficacy of any probiotic and nutrition drinks that it sells at
retail" unless they can be backed up by scientific evidence.

decision was 5-0.