FTC Targets Omega-3 Claims, And More

[Guest guest]

In mid-February, FTC issued a release stating the agency, “sent letters to

11 companies that promote various omega-3 fatty acid supplements, telling

them they should review their product packaging and labeling to make sure

they do not violate federal law by making baseless claims about how the

supplements benefit children’s brain and vision function and development.”

The companies were given two weeks to respond. As an example of the level of

substantiation FTC would find acceptable, the letters point to

“well-conducted, clinical cause-and-effect studies demonstrating the use of

the combination of omega-3 fatty acids provided in Product X, in the same

dosage as provided by one serving of that product, improves or promotes

brain function, cognitive function, attention span, intelligence, memory,

learning ability and visual acuity in normal children ages 2 years and

older.”

FTC indicated it has challenged some claims that appear tenuous, but also

claims that are standard and widely accepted claims for omega-3 fatty acids,

specifically docosahexaenoic acid (DHA), such as claims that these

ingredients “support brain and eye health” or “support normal brain and

vision development.” Research into the differences between breast milk and

infant formula and the higher scores of breast-fed infants on visual and

developmental tests are largely responsible for recent changes in the

formulation of most infant formula products to supplement with DHA and other

fatty acids. It would appear companies challenged for making such standard

claims would have a relatively easy task of responding to the FTC letter

with evidence from peer-reviewed studies and/or qualified independent

experts, assuming their products have sufficient levels of these

ingredients. Some companies and industry associations are in the process of

responding to the FTC challenge; the likely result will be standard claims

will continue, whereas more adventurous and possibly misleading claims will

not.

Regardless, this latest action is consistent with remarks delivered by an

FTC staff attorney at the Food and Drug Law Institute’s recent conference on

hot topics in food and dietary supplement law. In her remarks, the staff

attorney indicated FTC intends to closely scrutinize claims relating to

omega-3s, probiotics, fiber, antioxidants and products marketed for use by

children. The products targeted in FTC’s latest action span two of these

categories, suggesting they may have been at especially high risk. Notably,

FTC’s release encourages the filing of consumer complaints against companies

that “may be deceptively advertising dietary supplements for children.”

http://www.naturalproductsinsider.com/articles/2010/04/ftc-targets-omega-3-claim\

s.aspx

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Ortiz, MS, RD

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