any improvement whatsoever. Only one in nine showed a 20 percent improvement; as a group the children’s attentiveness improved less than 11 percent.
In 2009, the Federal Trade Commission filed charges. Kellogg admitted the claims were false and accepted a settlement that didn’t include fines. It included Kellogg’s agreement to cease making any deceptive or misleading health claims for their cereals and snacks. But last year Kellogg was cited again. Packaging featuring Snap, Crackle, and Pop dressed as superheros, standing in front of a shield proclaiming, “Helping to Support Your Family’s Immunity” resulted in another, expanded, FTC restrictive order. Still, FMW’s slogan remains “Keeps ’Em Full, Keeps ’Em Focused!” Regulators such as FDA’s deputy commissioner for foods Michael R. Taylor are overwhelmed with policing the ever-expanding number of functional foods, and frustrated that as soon as they prove one product’s claim is misleading, big food company marketing departments come up with another. “Going after them one by one with the legal and resource restraints we work under is a little like playing Whac-A-Mole, with one hand tied behind your back,” Taylor says.
Consumer advocates join regulators in voicing concerns that a product boldly marketed as healthy often costs more than an ordinary brand of the same food that’s equally healthy, enticing shoppers to buy the more expensive brand. And nutritionists say that the broad range of functional foods available, with an equally broad range of health claims, confuse many consumers about their real health value.
One of the biggest concerns is that the bold front-of-package claims make people less likely to check the Nutrition Facts information panel that’s usually on the back, something confirmed by FDA research. One of the most important of those Nutrition Facts is portion size. People too often think that a functional food’s health claim means it’s OK – even good – to consume in unlimited quantities. Welch’s 100 percent Grape Juice proudly displays it’s red-heart certification from the American Heart Association. But an eight-ounce glass has 36 grams of sugar, higher than some candy bars. True, the grape juice’s sugar occurs naturally. But a diabetic or someone just watching calories could find themselves in trouble.
The flip side of portion size also is sometimes deceptive. “Oatmeal Helps Reduce Cholesterol!” proclaims the box front of Quaker Oatmeal Squares. True, but read the FDA required small print, and you’ll discover that for that benefit you’d have to eat three bowls of it daily – a total of 630 calories for just the cereal, milk not included.
You’d have to eat three cartons of Activia (owned by Dannon) to get any benefit from it, too. But the commercials, which claimed that it’s “clinically proven to help regulate your digestive system in two weeks,” like FMW’s, went too far, FTC regulators found. Many of the company’s own scientific studies found that it was no more helpful than placebos. Activia’s marketing implies it’s an especially effective yogurt. Dannon developed its specific strain of probiotic bacteria, Bifidobacterium animalis DN 173 010, and patented it under the trade names Bifidus Regularis or Bifidus Actiregularis. But it’s only one of many kinds of Bifidobacterium animalis – and other active probiotic cultures – that make yogurt good for you.
In a December 2010 FTC settlement, Dannon was prohibited from marketing Activia to relieve temporary irregularity or “improve transit time” without also saying three servings daily are required. Dannon paid $21 million dollars to 39 states to resolve related investigations.
David C. Vladeck, the FTC’s Director of the Bureau of Consumer Protection says there are worries that go beyond confusing consumers or paying more for functional foods.
He fears that people – especially the poor and uninsured – purchasing products that claim to boost immunity or reduce prostate cancer risk may not get flu shots or visit a doctor.
“Cheat Death!” “Death Defying” “Drink to Prostate Health” said ads for Pom Wonderful. The FDA has accused the company of marketing their products as supplements to treat disease. Meanwhile the FTC has filed a complaint regarding exaggerated or overstated research results in Pom’s advertising.
Pom’s founder, Lynda Resnick, is fighting back with a lawsuit claiming that the FTC is overstepping its authority, setting new standards for food and dietary supplement advertising. Besides, as she writes in her book on branding, Rubies in the Orchard, buying foods marketed with health benefits makes people feel that they’re doing something good for themselves and their families: “Lots of people drink Pom because it makes them feel healthier – data or no data.”
That’s nonsense, according to Marion Nestle, a nationally renowned professor of nutrition, food studies, and public health at New York University. “Functional foods, they are not about health,” she says. “They are about marketing.”
Contact Julianne Glatz at [email protected].
