Pereira and O’Dell Get Muscle Milk (Though it’s Not Actually Milk)

By Matt Van Hoven Comment


Here’s an interesting bit of news: on the same day that San Francisco based Pereira and O’Dell announced its win of CytoSport owned Muscle Milk, the National Advertising Division of the Council of Better Business Bureaus announced that it’s taking issue with the product’s name. Nestle USA submitted the claim to NAD (tattle tales!), citing the product’s placement in grocery and other stores, among the dairy products.

Apparently, Muscle Milk is a water based product, so the whole shebang is thereby misleading to consumers, who might mistake the dietary supplement for actual milk. Oh, the drama.

“Cytosport maintained that the claims for its product are truthful and non-misleading and that the product name Muscle Milk, is a non-deceptive registered trademark. It advised NAD that because it believed NAD review was not appropriate or necessary, it would decline to participate in the NAD self-regulatory forum. As a result, NAD has referred the matter to the FTC and FDA… for further review.”


More: “New Agency Alert: Piera & O’Dell Are Off To The Races