Kellogg, the nation's largest cereal maker, has caused a firestorm of controversy by claiming their cereal helps build children’s immunities.  The newest box cover of Cocoa Krispies has a banner with the words "Now helps support your child's IMMUNITY." As the H1N1 virus worries parents worldwide, the claim of a sugar-coated cereal being a benefit to a person’s health has created quite a stir.

“Of all claims on cereal boxes, this one belongs in the hall of fame," says Kelly Brownell, director of Yale University's Rudd Center for Food Policy and Obesity. "By their logic, you can spray vitamins on a pile of leaves, and it will boost immunity."

This bold statement comes at a time when food manufacturers are being held more accountable for such claims. The industry's self-created "Smart Choices" nutrition-labeling program was voluntarily halted recently after federal regulators voiced a concern that such programs are misleading.

Last week, the city of San Francisco sent a letter to Kellogg and to the Food and Drug Administration asking Kellogg to prove this claim. "I am concerned the prominent use of the immunity claims to advertise a sugar-laden chocolate cereal like Cocoa Krispies may mislead and deceive parents of young children," said Dennis Herrera, the city attorney.

Kellogg has countered the attacks saying the critics are wrong. The company states that the creation of this new line of cereal was started over a year ago. "It was not created to capitalize on the current H1N1 flu situation," spokeswoman Susanne Norwitz says. She also added that the cereal maker added vitamins A, C and E to its Cocoa and Rice Krispies products because studies show those vitamins play a vital role in helping the immune system. New cereal boxes state that one serving now has 25% of the daily value of the vitamins instead of 10%.

These statements haven’t set well with many nutrition experts."The idea that eating Cocoa Krispies will keep a kid from getting swine flu, or from catching a cold, doesn't make sense," says Mario Nestle, nutrition professor at New York University. "Yes, these nutrients are involved in immunity, but I can't think of a nutrient that isn't involved in the immune system." Nestle says she saw the cereal box at a grocery store in August and sent a letter to the FDA expressing her concerns. She hasn't heard back from them as of yet.

The FDA has the authority to stop companies from making false or misleading claims. FDA officials are not allowed to discuss specific pending cases, but spokeswoman Siobhan DeLancey stated that “consumers have a right to clear, accessible nutrition information that they can trust”.