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Thursday September 2, 2010

Legal Briefs

Kellogg’s Drops Immunity Boost Claim From Rice Krispies Boxes

Kellogg Co. has agreed to stop claiming on boxes of Rice Krispies and Cocoa Krispies that the cereals can boost the immune system of children, due in part to public outcry because the advertising could be misleading to parents concerned about the spread of the H1N1 influenza virus.

The food maker came under fire from California authorities earlier this week for including on boxes of the popular cereals, in bold print, the wording “Now helps support your child’s immunity.” Some critics said the timing of the claim when millions of parents are concerned about their children contracting the potentially deadly “swine flu” virus could be misleading and deceptive.

The company said extra antioxidants it started adding to the cereals last year could help support the body’s immune system, but in the end, Kellogg agreed to pull the offending claim from cereal boxes. It will take several months to phase out and remove all the boxes of Rice Krispies and Cocoa Krispies carrying the immunity-boosting claim, officials said.

Other Cereals Chided for Misleading Claims

This was not the first time a cereal maker has been criticized for advertising specific health benefits on boxes. Also this year, General Mills was challenged by the Food and Drug Administration over claims on boxes of Cheerios that eating the cereal could lower cholesterol. The FDA concluded that such specific claims of health benefits from eating Cheerios amounted to unapproved drug claims.

Several consumers filed lawsuits against General Mills claiming they only ate Cheerios thinking they were lowering their cholesterol. General Mills eventually agreed to drop the cholesterol-lowering claim from Cheerios boxes to satisfy the FDA.

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