FTC Cracks Down on Deceptive Health Claims

The FTC’s announcement of the charges against the Nestle subsidiary come on the heels of strict new standards released by the FTC and the FDA to regulate junk food marketing to children aged 2 to 17. Under the Obama administration, the FTC has taken an increased interest in the food industry — a domain it has generally left to the FDA in the past. Just last month, it scolded Kellogg for claiming its Rice Krispies can boost children’s immunity and banned the company from “making claims about any health benefit of any food unless the claims are backed by scientific evidence and not misleading.”

Michael Jacobson, executive director of the Center for Science in the Public Interest, an advocacy group, was part of a panel that helped devise the Smart Choices nutritional criteria, until he quit last September. He said the panel was dominated by members of the food industry, which skewed its decisions. [...]

“You could start out with some sawdust, add calcium or Vitamin A and meet the criteria,” Mr. Jacobson said.

On the inclusion of Froot Loops, Dr. Eileen T. Kennedy, president of the Smart Choices board, argued at the time: “You’re rushing around, you’re trying to think about healthy eating for your kids and you have a choice between a doughnut and a cereal. So Froot Loops is a better choice.”