Nestlé has agreed to stop running ads that claimed a drink called BOOST Kid Essentials could improve immunity and keep children from getting sick, the Federal Trade Commission said Wednesday. According to the agency, TV and magazine ads, the product’s website and packaging all made deceptive claims that probiotics in the drink’s straw could prevent colds, flu and diarrhea, and help kids avoid school absences due to illness.
Probiotics are live, beneficial bacteria known for aiding digestion and fighting harmful bacteria. This is the first time the Federal Trade Commission has challenged advertising about the benefits of the bacteria.
“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.
Under the terms of the proposed settlement, the company will have to get pre-approval for claims that products can prevent colds and the flu from the Food and Drug Administration before it can put them in ads. It will also have to back other claims about the health benefits of a nutrition drink with “competent and reliable scientific evidence.” The commission has not levied any fines against the company.
In a statement, Nestlé said the agreement “provides clarity regarding new advertising standards applicable to health benefit claims for BOOST Kid Essentials and similar products.”
Earlier this summer, The Kellogg Company agreed to new advertising restrictions after the Federal Trade Commission investigated claims involving the health benefits of Rice Krispies cereal.
An FTC official told The New York Times that the agency is taking a close look at health claims made for products sold in supermarkets.
“If the claims are not substantiated, that’s what we’re looking for, to make sure the claims are truthful,” said Karen Mandel, a staff lawyer for the trade commission.

