FDA Cautions Nestle to Remove Misleading Nutritional Labeling

Posted on December 29, 2009 in Consumer Goods, Health & Medicine

The U.S. Food and Drug Administration warned Nestle earlier this month about its misleading marketing practices. The agency took issue with language that labeled the products as “medical” foods.

In a Dec. 3 letter, the FDA said that Nestle mislabeled its Boost drink as a “medical food for the medical condition of ‘failure to thrive’ and also for pre/post surgery, injury or trauma, chronic illnesses.” Federal health guidelines instruct that medical foods should be used for dietary management of specific conditions, and must be used under medical supervision.

Another letter dated Dec. 4 targeted Nestle’s Juicy Juice line, which claims to “help support brain development” in children younger than 2. Consumers might be led to believe that the drink is “100% juice,” when in fact, it is not. The FDA wrote that the beverages were misbranded due to unauthorized nutritional content claims.

Nestle is required to respond to the warning letters within 15 days with a plan of action to correct the violations. The company risks regulatory actions like seizure and/or an injunction if they fail to respond.