In the first case of its kind, food giant Nestle has been forced to stop making health claims about a children's probiotic product. The U.S. Federal Trade Commission found Nestle's advertising for Boost Kid Essentials was deceptive when it claimed the product would prevent upper respiratory tract infections in children, protect against cold and flu, and reduce absences in schools and daycares.

As part of a settlement with the FTC, Nestle has agreed to stop making those claims. Probiotics are a hot item for health-conscious consumers. They're live beneficial bacteria known to aid digestion and fight harmful bacteria. The FTC found Nestle went too far in its advertising claims.

"Nestle's claims that its probiotic product would prevent kids from getting sick or missing school just didn't stand up to scrutiny," said David Vladeck, the FTC's director of consumer protection. The ruling prevents Nestle from making any claims about the health benefits, performance or efficacy of any probiotic or nutrition drink that it sells unless the claims are supported by solid scientific evidence. Nestle is also barred from misrepresenting any tests or studies.