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FDA Says Nestle Making False Claims

Nestle USA and Nestle Heath Care Nutrition each received “Warning Letters” from the U.S. Food and Drug Administration (FDA) earlier this month.

According to the letters, released Tuesday on FDA’s website, Nestle is making false and misleading claims in its labeling.

FDA’s Office of Compliance cited Nestle HealthCare Nutrition BOOST Kid Essentials Nutritionally Complete Drinks and Nestle USA Juicy Juice products.

Glendale, CA-based Nestle USA was told its Juicy Juice “Brain Development” Fruit Juice beverage is misbranded because it makes unauthorized nutrient content claims.  FDA says the product is being marketed for children less than two years of age and the claim of “no sugar added” is not allowed.

Nestle USA sells the product on its website.  FDA also says products Nestle sells as “100 percent” orange or tangerine juice is also misbranded because on a panel in small print it also says: “Flavored juice blend from concentrate with other nature flavors & added ingredients.”

Minnetonka, MN-based Nestle HealthCare Nutrition’s letter, which appears also to concern a website, makes claims that it is selling “medical food.”  Its drinks are pitched as being for “pre/post surgery, injury or trauma, chronic illnesses.”  FDA says the products “do not meet the statutory definition of a medical food.”

“No established distinctive nutritional requirement exists for the conditions for which your product is promoted as a medical food, and your BOOST Kid Essentials Nutritionally Complete Drink product therefore does not meet the statutory or regulatory definition of a medical food,” FDA wrote.

The agency also says that based on the claims made on the website, the BOOST Kid Drink is intended for use as a drug and the marketing violates the law.

Among its many claims, Nestle said the drinks would reduce the number of days with “viral diarrhea.”

Both units of Nestle were given 15 working days to respond to the “Warning Letters.”

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