According to a publication in the Journal ‘Food Policy’ researchers from Norway, Sweden, Denmark and Finland have shown that certain health claims can negatively influence the perception of a functional food. The researchers initiated a 30 minute online questionnaire, which was subsequently completed by 4612 respondents (All from Nordic countries). [An audio discussion about the research available on the link below] Online participants were shown four product descriptions. One of these had no health claim, and the other three carried claims that differed on structure, active ingredient,...

In the latest batch of 31 opinions (grouped from 416 submissions) from EFSA’s NDA panel we can see that this process of assessment is setting a precedent for the acceptance of only vitamins and minerals. The big losers are not unexpected antioxidants and probiotic based claims which have been rejected across the board. For the industry this is scary especially for the likes of the superfruit / smoothie market and giants such as Innocent, known for their use of the term Antioxidant on marketing materials and commercial communications. The opinions relate not only to the lack of characterisation...

On the 5th of May 2009 the FDA posted its warning letter to chairman of General Mills stating they had violated the Federal Food, Drug, and Cosmetic Act (the Act) and the applicable regulations in Title 21, Code of Federal Regulations (21 CFR). In essence the FDA was classifying their claims for the Toasted Whole Grain Oat Cereal ‘Cheerios’ as a drug claim. Based on claims made on their product’s label, the FDA determined that your Cheerios® Toasted Whole Grain Oat Cereal is promoted for conditions that cause it to be a drug because the product is intended for use in the prevention,...

FDA alleged ‘Body-building’ products contained unapproved food additive, new dietary ingredient and these products will now be destroyed The U.S. District Court for the Eastern District of Michigan, Southern Division, today entered a consent decree that condemns and forfeits to the United States for destruction about $1.3 million worth of dietary supplements. At the request of the FDA, U.S. Marshals seized more than 23,300 bottles of three dietary supplement products distributed by LG Sciences LLC, of Brighton, Mich. The seized products were marketed for use by body builders and distributed...

The first of May see’s the FDA releases a public warning after 23 reports of serious health problems following the use of Hydroxycut containing products. Some within the industry are calling this the next ephedrine fiasco with suggestions of a huge fall out across the weight loss industry damaging an already damaged consumer confidence in such products. Iovate Health Science has agreed to withdraw 14 associated products from the market according to the FDA press release. The 23 reports received by the FDA range from elevated liver enzymes to liver failure and one report of death of a 19 year...

Weight loss has been the focus of the FTC over the past few years but 08 and 09 have seen a significant step up in their activity. Within the last week we have seen 2 of the heavy weight formulations receive legal attention. In 2005 The FTC charged RTC Research & Development, LLC (and owners Tracy and Robert Chinery) with making false and unsubstantiated weight-loss claims for Xenadrine EFX. In 2006 the court found in favour of the FTC and under the terms of the settlement RTC to pay $8 million in consumer redress. However, it has taken until the 24th of April 09 to conclude this litigation...