The US Food and Drug Administration has shared that Nestle HealthCare Nutrition has incorrectly marked some of its marketed drinks as "medical food", when they very clearly are not.

The FDA has now sent a letter to David Yates, President of Nestle HealthCare Nutrition, in which the agency has said that it has reviewed the company's websites Nestle-Nutrition.com, NestleNutritionStore.com and Kidessentials.com in much detail, and realized that the marketing terms being used are not correct.

"Your BOOST Kid Essentials Nutritionally Complete Drink -- Vanilla, Chocolate, and Strawberry flavors -- is promoted on your Web sites as a medical food, and the labeling claims on your Web sites represent the product as a medical food for the medical condition of 'failure to thrive' and also for 'pre/post surgery, injury or trauma, chronic illness", the letter said.

According to the FDA, the label is "false or misleading as a medical food", and fails to meet the standard definition of such foods, as laid down in the Orphan Drug Act.

The FDA has now ordered Nestle to respond in writing within 15 days of the receipt of the notice letter, and the response should include the actions the company plans to take to correct the problems "including an explanation of each step being taken to correct the current violations and prevent similar violations".