Annotation of FTC v. Kellogg 2010 Order | Christian Nossokoff | April 20, 2016

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Annotation of FTC v. Kellogg 2010 Order

The FTC’s Complaint alleged that Kellogg had violated Sections 5(a) and 12 of the Federal Trade Commission Act, 15 U.S.C. §§ 45(a) and 52, by falsely claiming that a breakfast of Frosted Mini-Wheats cereal is clinically shown to improve children’s attentiveness by nearly 20 percent (FTC Docket No. C-4262, Leibowitz, Harbour, Kovacic, Rosch, 2010).

 

Beginning in approximately late July 2009, Kellogg distributed (or caused to be distributed) advertising for Kellogg’s Rice Krispies cereal, Kellogg’s Jumbo Multi-grain Krispies cereal, Kellogg’s Frosted Krispies cereal, and Kellogg’s Cocoa Krispies cereal (hereafter collectively “Krispies cereal”) that included representations about the benefits of Krispies cereal for children’s immunity (FTC Docket No. C-4262, Leibowitz, Harbour, Kovacic, Rosch, 2010).

 

The Commission reopened the proceeding in FTC v. Kellogg 2009 Docket No. C-4262, pursuant to Section 3.72(b) of the Commission’s Rules of Practice, 16 C.F.R. § 3.72(b), and modified the Order for the new complaint (FTC v. Kellogg 2010) (FTC Docket No. C-4262, Leibowitz, Harbour, Kovacic, Rosch, 2010).

 

The modification expands the product and claim coverage of the order to require proof for all health claims for any food, and revises the definition of “competent and reliable scientific evidence” to ensure that Kellogg Company doesn’t misrepresent study and research results. Kellogg consented to reopening this docket and to the modifications set forth (FTC Docket No. C-4262, Leibowitz, Harbour, Kovacic, Rosch, 2010).

 

Order:

 

It is further ordered that Kellogg shall not represent, in any manner, expressly or by implication, that:

  1. “The benefits, performance, or efficacy of such product for cognitive function, cognitive processes, or cognitive health; or”

  2. “any other health benefit of such product;”

unless the representation is non-misleading, and, at the time of making such representation, respondent possesses and relies upon competent and reliable scientific evidence (FTC Docket No. C-4262, Leibowitz, Harbour, Kovacic, Rosch, 2010).

 

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April 20, 2016

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Christian Nossokoff

Student at American University

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