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Wednesday, June 10, 2009

Cytosport Muscle Milk Referred to FDA and FTC for Ad Claims Following Challenge by Nestle USA

The National Advertising Division of the Council of Better Business Bureaus has referred advertising claims made by CytoSport Beverage Company for its Muscle Milk product to the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) for further review, after CytoSport declined to participate in an NAD inquiry.

NAD, the advertising industry’s self-regulatory forum, requested that CytoSport provide
substantiation for certain advertising claims, following a challenge by Nestle USA.
The challenger held that Muscle Milk, marketed as a “High Protein Chocolate Milk Shake” is
a dietary supplement that is sold in grocery and convenience stores alongside milk and
other consumer beverages. The challenger maintained that the claim “Muscle Milk” is false
and misleading because it claims that the product contains actual milk when it does not and
that consumers are likely to be misled into thinking that they are buying a flavored or
supplemented milk product, when in fact, the product is a water-based dietary supplement.

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