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The encyclopedia · Advertising & PR · Marketing decision · 1992

Kraft Singles were made with five ounces of milk — the calcium never made it

1992: the FTC barred Kraft's 'Five Ounces of Milk' calcium claims — 30% of the milk's calcium was lost in processing, and the ad implied it wasn't.

Kraft, Inc. · 1992-07

What happened

Kraft launched the 'Five Ounces of Milk' campaign for Kraft Singles: each slice was made from five ounces of milk, and the ads emphasized calcium to ride consumer health concerns. The FTC read two implied claims out of the campaign — that a slice of Singles contains the same amount of calcium as five ounces of milk, and that Singles contain more calcium than most imitation slices. Both were false. About 30 percent of the milk's calcium is lost during processing, and most imitation slices were fortified to the same level — around 15 percent of the daily value.

Kraft argued its ads were literally true: five ounces of milk did go into each slice. The FTC's answer became the precedent: deception is judged by the ad's overall net impression, not by the literal truth of its sentences, and the agency may find an implied claim from its own reasoned reading of the ad without consumer surveys. The Seventh Circuit affirmed in July 1992, upholding a cease-and-desist order covering Kraft's cheese advertising.

The case is still taught as the textbook definition of implied-claim deception: a literally true sentence can carry a false message, and the false message is what the law judges.

Why it happened

  • 'Made with five ounces of milk' was literally true and materially misleading — processing destroyed the calcium the ad was selling.
  • The comparison to imitation slices was false: most imitations were fortified to the same 15% daily value.
  • Kraft's defence — the words are true — lost: the net impression, not the sentence, is the claim.
What it costclaims barred; order upheld on appealcostly

The lesson

Literal truth does not immunize an ad: regulators judge the net impression the ad conveys, and an implied claim must be as true as the words that make it.

Aftermath

The Seventh Circuit affirmed the FTC's cease-and-desist order in July 1992. Kraft v. FTC remains the citation for implied-claim analysis in American advertising law.

Sources

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