Kraft’s Claims of Hydration Not Watered Down!

Kraft Foods, which markets drinks under the Capri Sun label, got a clean bill of health this week from the Children’s Advertising Review Unit, (”CARU”), which requested the food conglomerate substantiate its claims that its childrens sports drink “hydrates better than water.”

Kraft provided CARU with a study conducted at the University of Georgia that found Kraft’s sports drink actually helped to keep healthy, active children hydrated better than water alone. In addition to the foregoing, Kraft provided CARU with information collected from several associations devoted to athletics that had come to the same conclusion; namely, that drinking sports drinks, especially during prolonged intentive exercise, can help children stay hydrated.

Practice Pointer: Counsel should encourage its corporate clients to engage in whatever forms of industry self-regulation are available. Not only is the process generally faster and cheaper than being subjected to a private action or an FTC investigation, but it encourages Congress to allow the self-regulatory process to proceed, rather than enacting statutes that may hinder commercial progress.

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