NAD Refers Muscle Milk Advertising to FTC

The National Advertising Division (NAD) of the Council of Better Business Bureaus has referred advertising claims made by CytoSport Beverage Company, Benicia, CA, for its Muscle Milk product to FTC and FDA for further review after CytoSport declined to participate in NAD’s initial inquiry. The advertising industry’s self-regulatory forum requested that CytoSport provide substantiation for certain advertising claims following a challenge by Nestle USA. Muscle Milk is a water-based dietary supplement marketed as a “High Protein Chocolate Milk Shake.” The challenger maintains that “Muscle Milk” is false and misleading as consumers are likely to believe they are buying a flavored or supplemented milk product.