The Case Against Cocoa Krispies

Can Cocoa Krispies conquer swine flu?

Of course not, but Kellogg Co. is getting whacked for the cereal's labeling claims.

"NOW HELPS SUPPORT YOUR CHILD'S IMMUNITY." That big lettering in all caps across the front of the box and just below the enthusiastic faces of Snap, Crackle, and Pop caught the attention of San Francisco City Attorney Dennis Herrera.

Herrera wrote Kellogg CEO A.D. David Mackay last week, asking him to provide proof in 30 days that his cereal boosts immune systems. Kellogg is misleading consumers to make them think that Cocoa Krispies are better for their kids than other cereals, Herrera says. He also says parents may think the cereal is effective warding off swine flu at a time when public health officials encourage children to get vaccinated.

"Immunity claims may also mislead parents into believing that serving this sugary cereal will actually boost their child's immunity, leaving parents less likely to take more productive steps to protect their children's health," Herrera wrote in his letter, which also was sent to the Food and Drug Administration and the U.S. Justice Department.

Food companies, and cereal makers in particular, are getting more scrutiny over marketing practices. A study last week found Kellogg and other cereal companies heavily market their least-healthy products to children. The FDA questioned claims by General Mills Inc. that Cheerios lowers cholesterol. And a food-industry practice of labeling foods as "Smart Choices" is suspended after government inquiries.

In a statement, Kellogg stands by its immunity claim, citing vitamins A, C, and E in each rice puff. In fact, Kellogg says other members of the Rice Krispy family, including Frosted Krispies and Jumbo Multi-Grain Rice Krispies, also are beneficial. The label isn't trying to capitalize on swine flu, the company says.

The health claim "belongs in the hall of fame," Kelly Brownell, director of Yale University's Rudd Center for Food Policy and Obesity tells USA Today. "By their logic, you can spray vitamins on a pile of leaves and it will boost immunity."