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# Nestle Agrees to Stop'Deceptive' Ad Claims
- URL: https://www.foodconsumer.org/nestle_1607100831/
- Published: 2010-07-16T09:29:00.000Z
- Updated: 2026-09-15T12:54:52.000Z
- Description: The FTC says Nestlé HealthCare Nutrition deceptively advertised BOOST Kid Essentials, a children's drink with probiotics, as preventing respiratory infections, protecting against colds and flu and cutting absences from school. Nestlé agreed to drop the claims.
- Author: Food Consumer
- Tags: Legal Actions, Politics, #vivvo-import

The U.S. Federal Trade Commission on July 14 stated on its website that a subsidiary of Nestle SA has agreed to stop deceptive claims over probiotics embedded in a draw that comes with a drink called BOOST Kid Essentials, which is intended for children 1 to 13.

Probiotics are live beneficial bacteria that many studies suggest can boost a person's immune system and help fight infections like colds and flu. 

But according to the FTC, any organization can't make any health claim over a food or a dietary supplement without prior approval by the Food and Drug Administration. Anything that is claimed to be able to diagnose, prevent or treat any disease is considered a drug and it must get approved by the FDA before it can be marketed in the United States.

The FTC charged that "from fall 2008 to fall 2009, Nestlé HealthCare Nutrition, Inc. made deceptive claims in television, magazine, and print ads that BOOST Kid Essentials prevents upper respiratory tract infections in children, protects against colds and flu by strengthening the immune system, and reduces absences from daycare or school due to 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. "Parents want to do right by their kids, and the FTC is helping them by monitoring ads and stopping those that are deceptive."

The FTC said "the ads falsely claimed that BOOST Kid Essentials is clinically shown to reduce illness in children, to protect from colds and flu by strengthening the immune system, and to help children up to age 13 recover more quickly from diarrhea."

Nestlé HCN has agreed to stop claiming that the drink will reduce the risk of colds, flu, and other upper respiratory tract infections unless the claim is approved by the FDA. 

And also it agreed to stop claiming the drink will reduce children’s sick-day absences and the duration of acute diarrhea in children up to age 13, unless the claims are true and backed by at least two well-designed human clinical studies, the FTC said.

*The article contains some content from a FTC statement.*