Nestle warned over misleading claims

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By David Liu

The Food and Drug Administration Dec 4, 2009 sent a letter to Nestle USA warning the company that the labeling for a number of its Juicy Juicy Products is misleading and violating the Act and FDA regulations at Title 21 of the Code of Federal Regulations.  The letter was addressed to Brad Alford, Chairman and CEO of Nestle USA located in Glendale California.

Roberta F. Wagner, director of office of Compliance at Center for Food Safety and Applied Nutrition says in the letter that Juicy Juice Brain Development Fruit Juice Beverage (Apple), Juicy Juice All-Natural 100% Juice Orange Tangerine, and Juicy Juice All-Natural 100% Juice Grape are misbranded with unauthorized nutrient content claims.

At issue is that these Nestle products claim "these fruit juice beverages "Helps support brain development***In children under two years old."

The federal agency also found on the company's website that its claim that Juicy Juice Brain Development Fruit Juice Beverage is “naturally lower in sugar” is inaccurate and misleading.

Another misleading claim is that "the label of the Orange Tangerine product is designed to imply that the product is 100% orange/tangerine juice, and the label of the Grape product is designed to imply that product is 100% grape juice."

Nestle was asked to respond to the FDA warning within 15 days and tell the agency what steps the company is going to take to correct these misleading claims.  Failure to respond may result in regulatory actions against the company.

Pam Krebs, a spokeswoman for Nestle Beverage was cited by Reuter as confirming the recipient of the letter and saying "We are intending to fully cooperate with the FDA in bringing this matter to a conclusion."

The FDA also issued another letter on Dec 3, according to Reuters, saying Nestle promotes its Boost Kid Essentials Nutritionally Complete Drink, in vanilla, chocolate and strawberry flavor as "medical food".

No food should be claimed to have any preventative or pharmaceutical effect without the FDA approval.

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