FTC’s Substantiation Bar: Nestlé (July 2010)


Searching for trends in recent FTC consent orders and related motions

Is this where it all began? On July 14, 2010, FTC’s consent order regarding Nestlé's BOOST Kid Essentials probiotic drink stated that “competent and reliable scientific evidence shall consist of at least two adequate and well-controlled human clinical studies of the product, or of an essentially equivalent product, conducted by different researchers, independently of each other, that conform to acceptable designs and protocols and whose results, when considered in light of the entire body of relevant and reliable scientific evidence, are sufficient to substantiate that the representation is true.”

FTC Requirement: At least two human studies


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Jennifer Grebow
Nutritional Outlook magazine jennifer.grebow@ubm.com


Photo © iStockphoto.com/shironosov

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