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beech-nut claims challenged

the National Advertising Division (NAD) of the Better Business Bureaus has recommended that Beech-Nut discontinue certain claims for their 'Good Morning, Good Evening' baby food products. the claims are pretty outrageous (just two examples: "supports attentiveness for learning" & "supports healthy growth through the night") and without evidence. 

Beech-Nut has responded in its advertiser’s statement saying, “it will take the NAD’s concerns into consideration in the development of its future advertising and will make such modifications as necessary to comply with the NAD’s decision. As to those issues raised which are regulated by the FDA, the Advertiser will take the NAD’s concerns into consideration but will also continue to rely on the advice of counsel with regard to issues of regulatory compliance.”

so, they'll take into consideration the fact that their claims have no evidence. gee, thanks! notice that they also say they'll rely on what their lawyers say when it comes to any claims regulated by the FDA. here's the frustrating thing about that--compliance with the FDA is essentially voluntary. or, at least, an exercise in legal manipulation. 

sit down--here's some industry info i learned when we started ChowBaby that really upset me as a consumer: the FDA provides complicated and arcane regulations about what kinds of claims can be made on food packaging. companies are expected to comply, but there is no review before a product goes to market. once on the market, the FDA may review a product if they catch a false or unsupportable claim. when this happens, the company has to "prove" that their claims are compliant, a matter of legal finagling. 

there are law firms that specialize in FDA compliance whose job it is to understand FDA "law" and figure out what companies can do within those legal parameters or, apparently, how the legal parameters can be stretched & challenged without consequence. and while all this finagling is happening--identifying false claims (which doesn't always happen), filing of the complaint, legal proceedings, etc--the product and its false claims often remain on the market.

it's frustrating that we can't count on companies to provide accurate and supportable claims about their products. reform is certainly in order. but, shy of that, we have to be vigilant about product claims. if a claim is the thing that's swaying you, look it up for yourself. or do what i try: keep it simple. a natural, whole foods, organic diet will give you and your family everything that nature intended you to get from food. no special claims. no FDA compliance. just natural eating. 

another post on the issue: Gerber Catches Beech-Nut Making False Claims About Baby Food

-S

 

Filed under  //   advertising   baby food   Beech-Nut   nutritional claims  

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