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 providesubstantiation 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 andother consumer beverages. The challenger maintained that the claim “Muscle Milk” is falseand misleading because it claims that the product contains actual milk when it does not andthat consumers are likely to be misled into thinking that they are buying a flavored orsupplemented milk product, when in fact, the product is a water-based dietary supplement.

Source - http://www.nadreview.org