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PCRM Calls on the FTC to
Investigate False and
PCRM's Petition Against False Dairy Claims Most of the milk mustache ads that make health claims are false and misleading, and in violation of federal advertising guidelines, according to a PCRM petition filed with the Federal Trade Commission (FTC) in July 2000. In its petition, PCRM requested an investigation of milk mustache adsincluding those featuring singers Britney Spears, Marc Anthony, and Elton John; actors Jackie Chan and Noah Wyle; and athletes Serena and Venus Williams. It also explained why the U.S. Department of Agriculture's (USDA's) National Fluid Milk Processor Promotion Board, the dairy industry trade associations, and the advertising agency that developed the ad campaign should all be held accountable for what PCRM holds to be scientifically unsubstantiated, purposefully deceptive, and harmful advertising. PCRM's petition has been referred by the FTC to the USDA for investigation becausebelieve it or notit is actually the USDA that is promulgating these ads on behalf of the private dairy industry. Regulation of Health Claims in Advertising The FTC regulates claims in advertising, while the Food and Drug Administration (FDA) regulates claims on food labels. The FTC enforces a law that makes it unlawful to disseminate misleading advertising, and relies on the scientific determinations made by the FDA when analyzing whether an ad is misleading. Calcium, Osteoporosis, and Ethnic Populations One such scientific determination authorized by the FDA is that increased calcium intake can reduce the risk of osteoporosis, but only for those population groups who are at risk of developing osteoporosis, which includes primarily Caucasian and Asian-American women in their bone-building years. Yet many of the ads target other population groups who need not be concerned about increasing their calcium consumption. Take, for example, the Marc Anthony ad, playing on his popular song and stating: "Shake it, don't break it. Want strong bones? Drinking enough lowfat milk now can help prevent osteoporosis later. You need to know." This ad, targeting Hispanic Americans, implies that milk can help prevent osteoporosis for that population group. What fans "need to know," however, is that there is little or no evidence that Hispanic Americans benefit from drinking milk. The same goes for African Americans, for whom it has not been established that cow's milk consumption has any effect on osteoporosis. In fact, nearly all studies examining calcium's effect on bone health have specifically excluded African Americans due to the noted differences in bone density. Despite this well-established fact, ads like the one featuring African-American actress Vanessa Williams target African Americans with the scare tactic that they are at risk of developing osteoporosis unless they consume cow's milk. Milk and Osteoporosis Ads featuring such stars as Britney Spears, Jennifer Love Hewitt, and Sarah Michelle Gellar make material omissions about the true nature of osteoporosis. Osteoporosis is not usually due to inadequate calcium intake, but rather to calcium loss. People who consume an animal protein-based dietand cow's milk is high in animal proteintend to lose calcium from their bones surprisingly fast, due to the tendency of animal protein to leach calcium from bones. Sodium has a similar effect, as do smoking and lack of exercise. A July 2000 study of young women published in the journal Pediatrics found that bone density was significantly affected by the amount of physical activity in teen years while increased calcium intake made no difference. The solution to the osteoporosis problem is obscured by the dairy industry's propaganda. Not only do these ads fail to point out accurate informationsuch as the fact that osteoporosis is common among people who drink cow's milkbut they fail to provide any useful information to correct the problem. Trying to cope with bone loss with dairy products is like trying to make up for money that falls through a hole in your pocket by taking a second job. Too High in Saturated Fat to Justify Any Health Claim A cup of whole milk contains five grams of saturated fat, a level that is high enough to disqualify an ad from making any health claim at all, unless the ad also discloses that the presence of the saturated fat causes heart disease, cancer, and hypertension. Yet, the Britney Spears' ad advises girls, without any such warning, to drink four glasses of milk a day, which add up to 33 grams of fat, including 20 grams of artery-clogging saturated fat. The same problem exists in ads featuring Jackie Chan and the Dixie Chicks, both encouraging the consumption of whole milk for good health without disclosing the variety of problems associated with doing so. Lactose Intolerance Milk advertisements targeting ethnic populations not only rely on unsubstantiated claims regarding calcium and osteoporosis, but also promote a product that contains a nutrientlactose sugarthat may cause an adverse health-related condition, especially in ethnic populations, without providing the required disclosure. The majority of Hispanic Americans are lactose intolerant, while only 15 percent of Caucasians are. Yet, not only does the Marc Anthony ad give false information to Hispanic Americans about osteoporosis, but, adding insult to injury, it fails to warn Hispanic-American consumers that drinking cow's milk may cause gastrointestinal distress. Same goes for the Jackie Chan and Tyra Banks' ads, which also aim to push Asian- and African Americans to consume milk without warning of lactose intolerance. Those ads fails to tell the 90 percent of Asian Americans and 70 percent of African Americans who are lactose intolerant that they too may suffer extremely unpleasant consequences from drinking cow's milk. Hypertension Other milk mustache ads have been even more brazen. An ad featuring Larry King suggested that milk consumption could lower the risk of high blood pressure, a claim specifically rejected by the FDA and not supported by scientific evidence, even the scientific evidence relied on by the advertisers. If PCRM's petition is successful, the advertisers will have to withdraw or change the ads. What You Can Do Send letters to the following asking that they 1) investigate the health claims made in many milk mustache advertisements for being false and misleading, and 2) suspend the campaign.
Learn more about PCRM's complaint to the FTC. |
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