EXAMPLE 3.35

Attentiveness improves by nearly 20%. The manufacturer of a breakfast cereal designed for children claims that eating this cereal has been clinically shown to improve attentiveness by nearly 20%. The study used two groups of children who were tested before and after breakfast. One group received the cereal for breakfast, while breakfast for the control group was water. The results of the tests taken three hours after breakfast were used in the claim.

The Federal Trade Commission investigated the marketing of this product. It charged that the claim was false and violated federal law. The charges were settled and the company agreed to not use misleading claims in its advertising.²⁸