The Federal Trade Commission's Division of Advertising Practices recently concluded its investigation into whether CytoSport, Inc. had violated FTC regulations by marketing nutritional products under the names Muscle Milk®, Monster Milk® and Mighty Milk® brands. Because CytoSport agreed to modify its labels to state prominently on the front panel that the product "contains no milk," FTC has decided against any enforcement action at this time.
CytoSport also pledged that all ready-to-drink products featured in new advertising campaigns will display the updated labels. In addition, the company is no longer marketing the Mighty Milk® line of nutritional products for children.
The FTC inquiry focused on whether CytoSport's product labeling and marketing for its ready-to-drink products could mislead consumers with names that imply the products contain milk, when they actually are water-based nutritional drinks. The absence of a disclosure on product labeling that the drinks do not contain milk as an ingredient was the commission's main concern.
"This action is not to be construed as a determination that a violation has not occurred, just as the pendency of an investigation should not be construed as a determination that a violation has occurred," FTC said in a letter to CytoSport's legal counsel, which IDFA obtained. "The Commission reserves the right to take such further action as the public interest may warrant."
Members with questions may contact Cary Frye, IDFA vice president of regulatory affairs, at cfrye@idfa.org.