Kellogg's Cereal Receives More Flak from FTC, This Time Over Rice Krispies

This past summer, the internationally recognized, multi-billion dollar leader in breakfast cereal production and distribution, the Kellogg Company™, once again found itself the subject of controversy over unfounded claims concerning one of its products. According to both the Associated Press and FOX News, Kellogg's legal restrictions on its advertising policies, which were established after class action lawsuit was brought by the Federal Trade Commission against the company's claims that Frosted Mini Wheats® cereal was "clinically shown to improve kids' attentiveness by nearly 20 percent," have now been expanded to include Rice Krispies Treats® cereal. The product's "packaging boasts the health benefits of the cereal saying the cereal 'now helps support your child's immunity' with '25 percent Daily Value of Antioxidants and Nutrients - Vitamins A, B, C, and E.'" [1] Kellogg's claim concerning Rice Krispies Treats® blatantly violated regulations established by the FTC during the Frosted Mini Wheats® case.

The court ruled in favor of the FTC and ordered the Kellogg Company to comply with the new FTC rules and regulations. The FTC has said that any future claims made by the Kellogg Company concerning the possible health benefits of one or all of its products, must be supported by proven scientific evidence. In addition, the claim itself cannot be deceitful or in any way misleading to the average consumer.

By definition, deceptive advertisements are "those that either contain expressed falsehoods or create false impressions that tend to mislead." [2] In this case, as with most concerning false advertising, it is irrelevant whether or not the Kellogg Company intended to deceive the consumer. The FTC is strictly concerned with "the overall impression" of the ad and not with "isolated statements within it." [3] It is additionally worth noting that the "average" or "reasonable" consumer in this case does not refer to "only a few particularly gullible consumers." Scientific claims, particularly those that appear to be legitimate and supported by evidence, are believed to be true by the average consumer.

The falsity of Kellogg's claims, including those of Rice Krispies Treats®, qualifies the ad as a proof implication, one in which "an advertiser misrepresents the evidence presented to substantiate an advertising claim. Ads are deceptive if they misuse test data, create a phony aura of scientific support, or otherwise imply proof that does not exist." [4] This was proven true of the Kellogg Company™ during the Frosted Mini Wheats® case, in which it was discovered that Kellogg had falsified its claim that the children surveyed showed a 20 percent increase in attentiveness after eating the cereal, according to the FTC. In actuality, only 11 percent of the children surveyed showed a 20 percent increase, rather than the entire amount of children surveyed. While it is true that vitamins are known to strengthen the human immune system, Kellogg has yet to show scientific proof that Rice Krispies® themselves actually "help support your child's immunity." It is the personal opinion of the writer that the FTC acted fairly in ordering the Kellogg Company® to cooperate with previously established regulations concerning its prod

[1] NewsCore "Snap, Crackle, Stop! FTC Alleges False Advertising of Rice Krispies Cereal." Published 6/3/10. Retrieved from FOX News 11/16/10. http://www.foxnews.com/health/2010/06/03/snap-crackle-stop-ftc-alleges-false-advertising-rice-krispies-cereal/.

[2] Middleton, Lee "The Law of Public Comunication" 8^th. ed. Pearson Publishers, 350.

[3] Middleton, Lee "The Law of Public Comunication" 8^th. ed. Pearson Publishers, 350.

[4] Middleton, Lee "The Law of Public Comunication" 8^th. ed. Pearson Publishers, 355