Advertising and Marketing Under Fire in San Francisco

Wednesday, October 28, 2009 by Jim Cusson

Advertisers watch out ... at least if your products are sold in San Francisco. A recent story from the Examiner details how San Francisco City Attorney Dennis Herrera sent a scathing letter to Kellogg Co. for claiming that Cocoa Krispies and other of its “sugar-laden” breakfast cereals will help boost children’s immunity to illnesses.

In the letter sent to the company’s president and CEO, Herrera expressed “serious concerns” about the large font printed on the Cocoa Krispies cereal box that reads, “Now Helps Support Your Child’s Immunity.”

The city attorney says that is likely false advertising, a potential violation of California’s Unfair Competition Law. He has asked Kellogg’s to prove its child immunity claims within 30 days. If the company fails to respond within that time, the City Attorney will “seek an immediate termination or modification of the advertising claim,” the letter said.
 
The claim is also printed on the Rice Krispies, Frosted Krispies and Jumbo Krispies cereal boxes. The products began appearing on shelves in San Francisco stores in recent months, Herrera noted.

I'm not sure how many parents are scooping up Cocoa Krispies for their health benefits, but this case does highlight the scrutiny that all advertising agencies and their clients can expect when making controversial claims for their products.

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