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Daily Archives: February 21, 2020
Ensuring the safety of THC dosage in CBD oils – New Food
Posted: February 21, 2020 at 8:42 pm
There is debate over whether CBD oils offer health benefits, which can be attributed to its rising popularity. But the assessment of CBD oils is a complex task, particularly due to the potential for oils to contain undeclared traces of delta-9-tetrahydrocannabinol. Six experts from the University of Chemistry and Technology, Prague, present their research.
The popularity of cannabidiol (CBD) oils is growing exponentially owing to their association with numerous health benefits and even miraculous healing properties. However, some CBD oils may also present several problems, especially in terms of their safety, due to the presence of undeclared delta-9-tetrahydrocannabinol (9-THC).
Phytocannabinoids, along with terpenes and terpenoids, are the major biologically active secondary metabolites of Cannabis sativa L., which are being extensively studied due to their potential therapeutic effects. In the cannabis plant, phytocannabinoids commonly occur in the form of carboxylic acids,1 from which neutral forms possessing the desired therapeutic effect originate (via decarboxylation). This process is mostly induced by high temperatures.2 However, the activation of phytocannabinoid acids is accompanied by a variety of other reactions that can affect the resulting biological activity of Cannabis extracts.3
Over 20 percent of the tested CBD oils contained less CBD than declared by the manufacturer.
The most extensively studied phytocannabinoids are CBD and 9-THC. The latter is the main hallucinogenic compound of Cannabis sativa L. and, therefore, is legislatively regulated worldwide as a narcotic substance. Contrary to 9-THC, CBD does not exhibit hallucinogenic effects and is currently attributed with having significant therapeutic potential. Its beneficial characteristics include being antiepileptic, antibacterial, antidiabetic, analgesic, anti-inflammatory, immunosuppressive, neuroprotective, antipsychotic and anti-cancer, among many others.1 CBD is also able to reduce the psychotropic effects of 9-THC.4
It has long been believed that CBD is completely non-toxic, but according to a warning recently issued by the US Food and Drug Administration (FDA), it can cause liver damage.5 When used as a medicine in cases where patients are under professional medical supervision, this negative effect from CBD can be monitored and avoided. Despite this, there is a wide range of CBD-enriched products (and even pure CBD crystals) freely available on the market, the most popular of which are CBD oils.
When using Cannabis and derived products as a medicine, the presence of several other biologically active compounds besides CBD and 9-THC should be considered. According to Russo,3 all these substances are involved in the overall biological effect; the synergic actions of phytocannabinoids and terpenes termed the entourage effect play an especially important role. As an example, this was demonstrated on two Cannabis varieties with the same CBD and 9-THC content, one of which shows therapeutic effects and the other not.3
Commonly, CBD oils are made of various edible vegetable oils enriched with natural decarboxylated extract of the Cannabis plants (up to 50 percent of extract) or in some cases purified CBD (natural or synthetic) is dissolved in oil.6 There are dozens of such CBD products on the market with contents that vary from tenths to dozens in weight percentage (wt.). Although, in most cases, not declared on the label, CBD oils may contain relatively high levels of 9-THC, which may pose a risk for consumers. The other health risk documented in our recent studies is the presence of carcinogenic polycyclic aromatic hydrocarbons (PAHs).7
Even Cannabis plants specially bred for high CBD content contain at least trace amount of 9-THC. As most isolation procedures whether supercritical fluid extraction (SFE) or ethanolic extraction are rather nonselective, all lipophilic cannabis components, including the undesirable 9-THC, are substantially concentrated.
If no further purification of CBD is performed, then the psychotropic 9-THC content becomes unacceptably high, putting CBD oil consumers at unexpected risk. This includes positive outcomes in drug testing, which could have serious consequences for drivers (ICCI web).
Approximately 60 percent of the tested CBD oils exceeded the legislation limits for PAH levels.
Between 2016 and 2019, the University of Chemistry and Technology in Prague (UCT Prague), under the auspices of the International Cannabis and Cannabinoids Institute (ICCI), analysed 70 CBD oils from EU markets.8,9 More than 20 percent of those CBD oils contained less CBD than declared by the manufacturer. Regarding 9-THC content, more than 90 percent of the samples contained this psychotropic compound at a concentration greater than 0.2 weight by weight (w/w) percent (EU legislative limits for dry hemp plants). However, only a few of these products provided information about 9-THC occurrence on the label.
These results correspond to the results of a study by Pavlovic et al.;10 in which 14 CBD oils from the European market were analysed, nine of them having a deviation of over 10 percent from the manufacturers declared CBD content. Furthermore, 12 out of 14 samples contained hallucinogenic 9-THC (0.0036-0.35 wt. percent).10 Some of the tested oils also contained high levels of cannabidiolic acid (CBDA) and the declared CBD content was reported by the manufacturer as [CBD] + 0.877 * [CBDA]. As CBDA is a biologically inactive form of CBD,1 its content in the ready-to-eat product (which is not intended to experience heat treatment, and therefore not expected to produce CBDA decarboxylation before consumption) should not be reflected in the total CBD content. It is worth noting that the European Food Safety Authority (EFSA) has established an acute reference dose (ARfD) of 9-THC 1 g/kg body weight an amount of 9-THC, which can be taken daily without a risk. For an average person weighing 70kg, this dose is 70g 9-THC.11
In the aforementioned CBD oils testing performed by UCT Prague and ICCI, half of the products containing 9-THC exceeded the ARfD (70g 9-THC) when taking the daily dose recommended by the producer. In the case of the most 9-THC-potent CBD oil (9-THC 0.35 percent w/w) analysed in the Pavlovic study,10 the ARfD for a person weighing 70kg is already exceeded after consuming 20mg (about one drop) of this oil.
Polycyclic aromatic hydrocarbons (PAHs) are carcinogenic compounds that largely originate during combustion processes through pyrolysis of organic matter. They enter the environment due to various emission sources, and when improper food processing practices are used, they may also contaminate products intended for human consumption.12 According to Commission Regulation (EU) 2015/1933 of 27 October 2015, a maximum limit has been set for benzo (a) pyrene (2 g/kg) and for the sum of four of the most carcinogenic PAHs, namely benzo(a)pyrene, benzo(a)anthracene, benzo(b)fluoranthene and chrysene (10 g/kg) in edible oil-based food supplements.
During UCT Pragues and ICCIs study on the quality of CBD oils in the European market, the presence of PAHs was also controlled, and rather alarming results were obtained. Approximately 60 percent of tested CBD oils exceeded the legislation limits. The source of PAHs contamination is probably the Cannabis plant material used for extract preparation. Similarly to phytocannabinoids, PAHs are lipophilic compounds and thus can be co-extracted together from the plant material. Contamination is likely to occur during a poor drying process (in the presence of smoke) or from dust in which elevated levels of PAHs that adhere to the plant during storage are present.13
The preparation of CBD oils using synthetic CBD instead of the plant extract results in a lack of other naturally occurring phytocannabinoids and bioactive compounds involved in the entourage effect, which may have a decisive influence on the therapeutic effect of the product.3
Cannabis and cannabis product legislation is quite diverse. In the EU, Regulation (EC) No 1307/2013 allows legally grown Cannabis plants with a low 9-THC content (<0,2 w/w percent dry matter) for hemp fibre production. Furthermore, only the varieties registered in the Common Catalog of Varieties of Agricultural Plant Species are allowed to be grown for industrial use.15 In terms of medical Cannabis, the situation is also problematic and each country has their own legislative regulations. However, more countries are retreating and allowing the growing and use of Cannabis for medicinal purposes.14
More complex clinical studies on the long-term effects of phytocannabinoids on human health must be conducted in the near future.
Almost all legislative regulations control 9-THC, while CBD is mostly unregulated. An exception is Slovakia, where CBD belongs to the group of banned and psychotropic compounds along with 9-THC, methamphetamine, cocaine and other harddrugs (Act No. 139/1998 (the Narcotics Act)) since 2011. The first major step in the ongoing effort of the other European countries to regulate CBD is to introduce CBD into the EU novel food catalogue.
Novel foods are defined as foods that have not been extensively consumed in the EU prior to 15 May 1997, when the first novel foods regulation came into force (Regulation (EU) 2015/2283 on novel foods). Regarding Cannabis, the novel foods catalogue reads: Without prejudice to the information provided in the novel food catalogue for the entry relating to Cannabis sativa L., extracts of Cannabis sativa L. and derived products containing cannabinoids are considered novel foods as a history of consumption has not been demonstrated. This applies to both the extracts themselves and any products to which they are added as an ingredient (such as hemp seed oil). This also applies to extracts of other plants containing cannabinoids. Synthetically obtained cannabinoids are considered as novel.16 It means that CBD oils fall within the definition of a novel food and thus, the enrichment of edible oils with Cannabis extract makes it a new food product, which must undergo a safety assessment and registration process before being legally placed on the market.
The results available have, so far, shown that CBD oils need to be monitored for their quality and safety. Besides the (non)compliance with the declared CBD content, the most serious issue is currently the high content of psychotropic 9THC in these products. Also, the compliance of PAHs content with maximum levels (Commission Regulation (EU) 2015/1933 of 27 October 2015) should be controlled to avoid health risks associated with these hazardous contaminants. Finally, the warning published recently by the FDA regarding possible liver injury must also be taken into consideration.
Under these conditions, the assessment of CBD oils quality is a rather difficult task, as uniform criteria against which the safety of CBD-based products can be assessed are missing. More complex clinical studies on the long-term effects of phytocannabinoids on human health must be conducted in the near future.
Frantisek Benes
Frantisek Benes is aPhD student at the University of Chemistry and Technology, Prague. His activities are mainly focused on utilisation of various liquid chromatography- mass spectrometry-based instrumental techniques for analysis of bioactive compounds in various natural products and biological samples. Frantisek has expertise in the analysis of phytocannabinoids and other bioactive compounds present in Cannabis sativa L. and products thereof.
Marie Fenclova
Marie Fenclova PhD is a research assistant at the University of Chemistry and Technology, Prague. She is focusing on the utilisation of liquid chromatography-mass spectrometry-based instrumental techniques for the quantitative and screening analysis of beneficial bioactive compounds and contaminants in various natural products and biological samples.
Petra Peukertova
Petra Peukertovais a researcher at the University of Chemistry and Technology, Prague. Her main research area includes analysis of phytocannabinoids and other bioactive compounds in Cannabis sativa L. and products thereof, using liquid chromatography-mass spectrometry-based instrumental techniques.
Zuzana Binova
Zuzana Binovais a PhD student at the University of Chemistry and Technology, Prague. Her study is mainly focused on analysis of phytocannabinoids in Cannabis sativa L. and phytocannabinoid metabolites in various biological samples using liquid chromatography-mass spectrometry-based instrumental techniques.
Zbynek Dzuman
Zbynek Dzuman PhD works as a research assistant at the University of Chemistry and Technology, Prague. His main research area includes targeted analysis of bioactive compounds, natural toxins (mycotoxins and plant alkaloids) and pesticide residues in food, feed and dietary supplements, using liquid chromatography and mass spectrometry.
Professor Dr Jana Hajslova
Professor Dr Jana Hajslovais a professor at the University of Chemistry and Technology, Prague. She is the head of ISO 17025/2018-accredited laboratory and heads a research group concerned with separation science in the field of food/environmental analysis.
1. Andre CM, Hausman J, Guerriero G. (2016) Cannabis sativa: The Plant of the Thousand and One Molecules. Front plant science, 7: 19. DOI: 10.3389/fpls.2016.000192. Wang M, Wang YH, Avula B, Radwan MM. (2016) Decarboxylation Study of Acidic Cannabinoids: A Novel Approach Using Ultra-High-Performance Supercritical Fluid Chromatography/Photodiode Array-Mass Spectrometry. Cannabis and Cannabinoid Research, 1 (1): 262-271. DOI: 10.1089/can.2016.00203. Russo EB. (2019) The Case for the Entourage Effect and Conventional Breeding of Clinical Cannabis: No Strain, No Gain. Front plant science, 9 (9): 1969. DOI: 10.3389/fpls.2018.019694. Morales P, Hurst DP, Reggio PH. (2017) Molecular Targets of the Phytocannabinoids: A Complex Picture. Progress in the Chemistry of Organic Natural Products, 103: 103-131. DOI: 10.1007/978-3-319-45541-9_45. What You Need to Know (And What Were Working to Find Out) About Products Containing Cannabis or Cannabis-derived Compounds, Including CBD U.S. Food and Drug Administration (Internet), 2019. https://www.fda.gov/consumers/consumer-updates/what-you-need-know-and-what-were-working-find-out-about-products-containing-cannabis-or-cannabis (accessed January 20, 2020)6. Hazekamp A. (2018) The Trouble with CBD Oil. Medical Cannabis and Cannabinoids, 1: 65-72. DOI: 10.1159/0004892877. European Food Safety Authority (EFSA). (2008) Polycyclic Aromatic Hydrocarbons in Food Scientific Opinion of the Panel on Contaminants in the Food Chain. EFSA Journal, 724: 1-114. DOI: 10.2903/j.efsa.2008.7248. Warning for consumers of CBD and cannabis oils sold on the EU market International Cannabis and Cannabinoids Institute (Internet), 2018. https://www.icci.science/en/article (accessed January 20, 2020)9. Press Release: CBD cannabis oil producers are improving, risks for customers remain International Cannabis and Cannabinoids Institute (Internet), 2018. https://www.icci.science/en/article/news/warning-for-consumers-of-cbd-and-cannabis-oils-sold-on-the-eu-market/ (accessed January 20, 2020)10. Pavlovic R, Nenna G, Calvi L, Panseri S, Borgonovo G, Giupponi L, Cannazza G, Giorgi A. (2018) Quality Traits of Cannabidiol Oils: Cannabinoids Content, Terpene Fingerprint and Oxidation Stability of European Commercially Available Preparations. Molecules, 23 (5). DOI: 10.3390/molecules23051230.11. European Food Safety Authority (EFSA). (2020) Acute human exposure assessment to tetrahydrocannabinol (9THC). EFSA Journal, 18 (1): 5953. DOI: 10.2903/j.efsa.2020.595312. Ayyildiz EG, Esen F. (2020) Atmospheric Polycyclic Aromatic Hydrocarbons (PAHs) at Two Sites, in Bursa, Turkey: Determination of Concentrations, GasParticle Partitioning, Sources, and Health Risk. Archives of Environmental Contamination and Toxicology. DOI :10.1007/s00244-019-00698-713. Franco CFJ, de Resende MF, de Almeida FL, Brasil TF, Eberlin MN, Netto ADP. (2017) Polycyclic aromatic hydrocarbons (PAHs) in street dust of Rio de Janeiro and Niteri, Brazil: Particle size distribution, sources and cancer risk assessment, Science of The Total Environment, 599-600: 305-313. DOI: 10.1016/j.scitotenv.201714. European Monitoring Centre for Drugs and Drug Addiction (2018), Cannabis legislation in Europe: an overview, Publications Office of the European Union, Luxembourg. DOI: 10.2810/56665015. Plant variety database European Commission (Internet). European Commission website, 2018. https://ec.europa.eu/food/plant/ (accessed January 20, 2020).16. Novel food catalogue (Internet). European Commission, 2015. https://ec.europa.eu/food/ (accessed January 20, 2020)
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CannaPro: the only solution for CBD is a UK cannabis regulation authority – Health Europa
Posted: at 8:42 pm
Last week the FSA issued its first ever CBD safety advice for consumers, along with a stark warning to manufacturers, setting a deadline for businesses to provide more information about the contents of their CBD products.
Cannabis Professionals (CannaPro UK) is a trade association for the UKs cannabis, CBD and hemp businesses, representing the sector to the authorities and offering guidance and support to businesses. The organisation is backed by CLEAR Cannabis Law Reform, the UKs longest-standing cannabis policy group.
Medical Cannabis Network spoke to passionate advocate for the UK cannabis industry Peter Reynolds, of CannaPro UK, about the ruling, and what this means for the CBD industry.
Currently, CBD is recognised as a novel food product, a decision which followed on from the direction of theEuropean Commission (EC). The EC provided its view in January 2019 that CBD products, and products containing it, should be considered a Novel Food. A Novel Food is defined as food that had not been consumed to a significant degree by humans in the EU before 15 May 1997.
Reynolds said: In one sense this announcement is good as now the industry knows where it stands. It was in 2017 that I first started talking to the FSA and they have changed their minds repeatedly, shifting its position over and over again. Finally, they have now actually done something.
Current news about CBD harming the liver is based on CBDs effects in animal studies where the dosages were up to 2500 milligrammes per kilogramme of body weight. Its also based on Epidyolexs prescribing information, where the dosages are up to 20 milligrammes per kilogrammes of body weight. The maximum recommended dose for CBD food supplements is 200 milligrammes. So, the differences are so vast they are just absurd.
The whole thing is preposterous. The FSA has failed to respond to any correspondence from CannaPro for the past six months. They obviously feel under pressure to do something.
They have used the phrase novel, but these products are not novel. I think anybody selling whole CBD extract products can just continue. The crucial part is that if they really had any genuine concern about safety, how could they possible give people only a year to submit an application?
Reynolds said: My involvement is much, much wider than just CBD, and I have long argued that cannabis in all its forms needs a separate regulator the same as it has in the Netherlands, the same as it now has in Germany, and the US states.
It cant be regulated in the same way as single molecule pharmaceutical medicines as it has nearly 400 or 500 molecules it is a completely different type of substance.
A UK cannabis regulation authority would also deal with the problem of prescribing medicinal cannabis because, instead of trying to shoehorn it into a system that just doesnt fit, we can come up with a range of regulations that properly deal with cannabis and its real risks and issues such as making sure it doesnt contain contaminants and heavy metals, and making sure that THC levels are controlled.
Thats what the solution is a cannabis regulation authority, which could deal with medicinal cannabis and CBD.
CannaPro is currently working in conjunction with a barrister to publish detailed guidance in March for its members on how to respond to the novel foods announcement form the FSA.
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CannaPro: the only solution for CBD is a UK cannabis regulation authority - Health Europa
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Collagen sales skyrocketing thanks to the ingredient’s many applications: 2020 Ingredient trends to watch for foods, drinks, and dietary supplements -…
Posted: at 8:42 pm
Collagen encompasses a broad range of ingredients and categories. Collagen can be used in bone health, joint health, nutricosmetic, cosmetic, and even sports nutrition products. Considering the broad range of applications and potential customers, it should be of no surprise that collagen ingredients saw impressive sales growth in the last year. According to market researcher SPINS (Chicago), collagen saw cross-channel (natural, specialty gourmet, and multi-outlet/mainstream channel) dollar growth of 82.7%, increasing $66 million to $147 million during the 52 weeks ending October 6, 2019.
Collagen saw the greatest sales growth in the natural and specialty gourmet channelswhich SPINS terms innovation channelswhere a great deal of product trends show up before going mainstream. In the natural channel, collagen ranked as the 5th bestselling ingredient overall, with 2019 sales growing 59.6% over the previous year to reach $59 million. Within specific product categories in the natural channel, collagen found itself in two of last years top-selling health arenas: bone health and hair/skin/nails. During that time, collagen sales in the natural channel grew 7.9% to $1.5 million in the bone health category and grew an impressive 36.6% to $19.5 million in the hair/skin/nails category. Meanwhile, over in the specialty gourmet channel, collagen sales increased 88.2% overall to $2.8 million last year. Within two of the specialty channels top-selling categoriesbone health and hair/skin/nailscollagen also performed well.
While collagen did not make it to SPINSs list of the top-25-selling mainstream ingredients, collagen was an impressive performer in some mainstream health categories. Within the top mainstream categories of bone health, joint health, and hair/skin/nails, collagen saw significant sales growth. Collagen saw the greatest growth in the bone health category, increasing by 82% to $2.9 million. In the joint health category, collagen sales stayed mostly the same, increasing by 1.7% to $7.4 million. And, once again, hair/skin/nails saw huge growth in the mainstream channel, increasing 54.8% to $42 million.
A common thread between all three channels is that collagen products are performing exceptionally well in the nutricosmetics space.
Why? Consider that the baby boomer population is well into middle age, and Generation X has also entered their early middle years. As with these two generations, millennials have also demonstrated a significant interest in maintaining a healthy, youthful appearance, explains Gene Bruno, senior director of product innovation for supplements brand Twinlab Consolidated Corp. Collagen is well understood to help promote youthful-looking skin, and there is a great deal of media interest in the topic.
Collagen has a number of advantages as an ingredientone them being that it is easy to incorporate into ones diet in a number of ways. Collagen powder, for example, is easy to mix into foods and beverages. Collagen powders are currently the most popular overall delivery form, although weve found that there are generational differences in terms of buyer preference, Bruno explains. For instance, he says, collagen powders are most popular among women 25 or older who value convenience. Twinlabs Reserveage product, Collagen Booster, in capsules, tends to be preferred by women 35 or olderthe reason being that it benefits not only the skins health but also the joints.
Collagen also fits into a number of diets. What we know is that diets such as keto and paleo are driving significant traffic searches on our site, says Bruno. All of our collagen products are keto- and paleo-friendly, so it makes sense that people would incorporate it into their diets.
As a bone health ingredient, collagen is also well-suited for multi-ingredient formulations, allowing for a full spectrum of bone as well as joint health benefits.
Arguably, calcium and vitamin D are the top-selling bone health ingredients, while glucosamine and chondroitin are the top-selling joint health ingredientsalthough they are losing popularity in the marketplace, says Bruno. Whats cool about collagen is that this single ingredient has applications for both bone and joint health and can be used alongside of the aforementioned nutraceuticals, or used independently. Specific collagen peptides have been shown to promote bone mineral density and bone markers in postmenopausal women, while other collagen materials have demonstrated efficacy in supporting joint health and comfort.
2020 Ingredient Trends to Watch for Food, Drinks, and Dietary Supplements:
CBDElderberryMelatoninMCTsMagnesiumAshwagandhaCollagenDietary Fiber/Prebiotics
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Are you at risk of a class action lawsuit? Perkins Coie outlines key areas of vulnerability for food & beverage brands – FoodNavigator-USA.com
Posted: at 8:42 pm
In an analysis of 2019 filings (Food Litigation 2019: Year in Review), Perkins Coie said 2019 saw a record number of filings against the food and beverage industry, with New York overtaking California as the favored jurisdiction for the plaintiffs bar.
Plaintiffs lawyers continue to target the industry, relying on new theories and claims, and spurred on by some plaintiff-friendly rulings that have allowed classes to proceed to certification based on damages models once considered flawed or incomplete.
So what are plaintiff's attorneys looking at when they scan supermarket shelves?
One new area of vulnerability is vanilla labeling - on everything from ice cream to almondmilk and basked goods - with a surge of filings in 2019, mostly from prolific plaintiffs attorney Spencer Sheehan in New York, alleging that brands representations regarding vanilla are false or misleading, said Perkins Coie.
"While several of the vanilla cases have been voluntarily dismissed, the vast majority of these cases continue to work their way through the courts. The coming year will reveal how courts wrestle with motions to dismiss on these claims."
Sheehans latest case, filed in February 2020 (Civello v Conopco Inc 1: 20-cv-01173) takes issue with Breyers Delights vanilla bean ice cream labels: Though the flavor is represented as being derived from vanilla and vanilla beans, the vanilla taste and flavor is not provided exclusively by vanilla and vanilla beans.
While all natural cases were down on the previous year, natural claims remain fertile ground for plaintiffs attorneys, said Perkins Coie.
Complaints spanned everything from pesticide residues to malic acid and ascorbic acid in 2019, although some courts are staying such caseson primary jurisdiction grounds because the FDA has said its looking into this issue (although it hasnt said much since 2015).
Lawsuits over health maintenance claims were also down in 2019, although healthy fats were a focus in several cases, with plaintiffs challenging health and wellness claims on coconut products, which are high in saturated fat.
Seven animal welfare cases were filed in 2019, up from five in 2018, said Perkins Coie. Some challenged dolphin safe labels while others queried claims about the treatment of animals or related environmental practices.
Notably, cheese makerTillamookwas accused of misleading shoppers with bucolic images of cows grazing on local small farms when most of its milk allegedly came from industrial-scale factory farms; while Ben & Jerryswas hit with a similar suit hinging upon whether reasonable consumers would assume thatall of the milk in its ice cream comes from happy cows raised on farms that participate in itsCaring Dairyprogram.
The most high-profile litigation in this field targeted high-protein milk brand Fairlife, which was hit with a series of lawsuits over alleged animal abuse at its flagship dairy farm in Indiana.
(Fairlife is not being sued for animal cruelty, but for false advertising, in that consumers paid a premium for products in reliance on packaging claims that Fairlife provided 'extraordinary care' for its dairy cows, "but that these claims were false and they consequently suffered economic loss.")
At least eight new multifunction ingredient cases were filed in 2019, focusing on malic acid and citric acid, which can serve multiple technical functions in foods and beverages.
For example, if malic acid which is typically made from petrochemicals - is being used to simulate, resemble, or reinforce a products characterizing flavor [as well as being used, as say, an acidulant], then the claim no artificial flavors is false, argue plaintiffs. Similarly, if synthetic citric acid is serving as a preservative [as well as to add a sour taste], this would render a no artificial preservatives claim false or misleading.
Ocean Spray settled one such case on a class-wide basis for $5.4m. However, a similar case vs Kraft Heinz was dismissed, a rare early victory for a defendant in these challenging cases, noted Perkins Coie.
While more food companiesare pressuring farmers to stop using glyphosate as a desiccant to dry crops such as oats, courts remain skeptical of class actions challenging trace residues of the herbicide in foods and beverages, said Perkins Coie.
Cases vs General Mills, Quaker Oats and Floridas Natural Growers - or example - have all been tossed on the grounds that reasonable consumers would not be surprised to find trace levels of pesticides well below government thresholds in some foods.
While class action lawsuits over CBD have thus far focused on dietary supplement makers (alleging that CBD is an illegal dietary ingredient and challenging dosage claims on pack),Perkins Coie expects additional class action lawsuits in this space, especially as the regulatory environment continues to develop.
False labeling claims saw a slight uptick in 2019, spanning everything from probiotic bacteria in kombucha to disputes over real cocoa, artisan and homemade claims.
According to a review of Prop 65 notices filed with the California Office of Attorney General, plaintiffs served nearly 500 pre-litigation notices regarding food and beverage products in 2019, with a significant spike in the number involving acrylamide, lead, and cadmium, said Perkins Coie.
Multiple stateshave attempted to impose restrictions on labeling of meat-alternative products that would hinder manufacturers from using meat-like descriptions for their goods, while the REAL Meat Actwould provide similar restrictions at the federal level, noted Perkins Coie.
However, several state laws have faced legal challenges, with a lawsuit challenging one such law in Arkansas leading to a preliminary injunction banning the states enforcement of the law.
In Mississippi, meanwhile, the Plant Based Foods Association and Uptons Naturals filed a lawsuit challenging a similar law and the state has since revised said law to permit meaty terms on plant-based products as long as they're qualified by terms such as plant-based or vegan. The lawsuit was subsequently dismissed.
The coming year will see increased scrutiny of state and federal proposals to restrict labeling terms for meat alternative products.
Slack fillclass action filings slowed considerably in 2019, with defendants consistent wins at the federal level in 2018 appearing to have had an impact on filing trends, as courts continued to reject such cases at the motion to dismiss phase, said Perkins Coie.
In one such case over Glutino Gluten Free Pretzels, the court said the plaintiff had failed to sufficiently allege that the slack fill was non-functional (ie. that the empty space in the package did not serve a useful purpose, or was unavoidable due to the way the packaging is filled).
On a positive note for food & beverage brands, the reasonable consumer defense remains an important tool for defendants in class actions, said Perkins Coie, noting that judges had rejectedlawsuits challenging the use of the term diet on soda,concluding that no reasonable consumer would expect drinking Diet Coke, Diet Pepsi or Diet Dr Pepper would cause weight loss.
This application of 'common sense' was reflected in comments made byJudge Jay Bybee of the Court of Appeals for the Ninth Circuit last month:
Diet soft drinks are common in the marketplace and the prevalent understanding of the term in that context is that the diet version of a soft drink has fewer calories than its regular counterpart.
"Just because some consumers may unreasonably interpret the term differently does not render the use of diet in a sodas brand name false or deceptive. [Emphasis added by FoodNavigator-USA.]
The number of putative class actions filed vs dietary supplement makers spiked to 39 in 2019, a 44% increase over 2018, driven in part by a flurry of CBD related lawsuits and health misrepresentation claims, says Perkins Coie.
As supplements are increasingly sold via websites such as Amazon, plaintiffs have sought to hold these marketplaces liable as sellers or suppliers.
However, in a 2019 decision, the Ohio Court of Appeals affirmed summary judgment for Amazon in a case where a teen ingested a fatal dose of a dietary supplement (Stiner v. Amazon.com, Inc), concluding that Amazon was not a supplier of the product under Ohio law.
In this case, a third-party seller, not Amazon, listed the product for sale; a third-party seller, not Amazon, provided product information, storage, and shipping; and the transaction at all times identified the third-party seller, not Amazon, as the seller.
As another court put it, said Perkins Coie, Stiner is part ofan emerging consensus in the courts against construing marketplaces such as Amazon as a seller, distributor, or supplier, and therefore against holding them liable for products sold on their websites.
Several leading confectioners have been targeted by lawsuits asserting that their products should be accompanied by disclosures that they source cocoa beans from farms that may use child labor. However, a Massachusetts federal court dismissed duty to disclose cases against Hershey, Nestl and Mars in January 2019, finding that they had not engaged in any deceptive conduct and noting that the defendants websites did explain the potential supply chain issues plaintiffs raised, said Perkins Coie.
These cases are now on appeal to the First Circuit, it says: Hopefully the forthcoming opinion will provide some much-needed clarity on this topic.
Nestl and Cargill, meanwhile, have asked the Supreme Court to reconsider a Ninth Circuit decision holding that claims of forced labor on Ivory Coast cocoa farms fall within the scope of a statute granting US federal courts original jurisdiction over any civil action brought by a foreign national for a tort in violation of international law.
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Global Food Supplement Ingredients Market: Growth Opportunities to Tap into in 2020 – Weekly Wall
Posted: at 8:42 pm
Summary
Food supplements ingredients comprise of various vitamins form including vitamin A, B12, C and D which are necessary to maintain overall health.
Growing awareness regarding consumption of natural food products which contains various vitamins, minerals and lowers risk of cholesterol may drive the market growth in the foreseeable future.
The global Food Supplement Ingredients market is valued at 1342.3 million US$ in 2020 is expected to reach 1768.2 million US$ by the end of 2026, growing at a CAGR of 4.0% during 2021-2026.
This report focuses on Food Supplement Ingredients volume and value at the global level, regional level and company level. From a global perspective, this report represents overall Food Supplement Ingredients market size by analysing historical data and future prospect. Regionally, this report focuses on several key regions: North America, Europe, China and Japan etc.
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Global Food Supplement Ingredients Market: Competitive Analysis
This section of the report identifies various key manufacturers of the market. It helps the reader understand the strategies and collaborations that players are focusing on combat competition in the market. The comprehensive report provides a significant microscopic look at the market. The reader can identify the footprints of the manufacturers by knowing about the global revenue of manufacturers, the global price of manufacturers, and sales by manufacturers during the forecast period of 2015 to 2019.
The major players in global Food Supplement Ingredients market include:
Amway
Capsugel
DSM
Merk CH
Kemin Health
Groupe Danone S.A.
BASF SE
Nestle
Koninklijke DSM N.V.
Nutri-Force Nutrition
Sunfood Nutraceuticals
JW Nutritional
Pfizer Consumer Healthcare
Naturex
Galderma
Boots
Fine Foods N.T.M.
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Market Segment Analysis
The research report includes specific segments by Type and by Application. This study provides information about the sales and revenue during the historic and forecasted period of 2015 to 2026. Understanding the segments helps in identifying the importance of different factors that aid the market growth.
Segment by Type, the Food Supplement Ingredients market is segmented into
Powder
Gel
Liquid
Capsules
Tablets
Segment by Application
Infant
Old-Age
Children
Pregnant Women
Adults
Global Food Supplement Ingredients Market: Regional Analysis
The Food Supplement Ingredients market is analysed and market size information is provided by regions (countries). The report includes country-wise and region-wise market size for the period 2015-2026. It also includes market size and forecast by Type and by Application segment in terms of sales and revenue for the period 2015-2026.
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Global Food Supplement Ingredients Market: Growth Opportunities to Tap into in 2020 - Weekly Wall
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Orlando Bloom Fixes Misspelled Tattoo of His Sons Name, Poking Fun at Himself in the Process – SheKnows
Posted: at 8:41 pm
If only everything in life had spell-check, right? Orlando Bloom has fixed his new tattoo, and the Carnival Row actor is having a little laugh at his own expense. ICYMI, Bloom debuted a brand-new ink tribute to his 9-year-old son Flynn last week: Morse code spelling out the boys name. Only, as the internet swiftly pointed out, it didnt actually spell Flynn. So, now Bloom has revised the design and become a cautionary tale about the perils of not triple-checking the accuracy of words we have branded onto our bodies.
To recap, Bloom took to Instagram on Feb. 11 to show off a long line of dots and dashes inked onto his skin in honor of Flynn. But as eagle-eyed fans pointed out, the tattoo was missing a critical dot, making it spell Frynn instead. And while the mistake was undoubtedly a bit embarrassing, Bloom managed to take the whole thing in stride.
On Wednesday, he revealed the newly edited version of his Morse code tattoo. Finally dot it right! he playfully captioned pics of the revision. How do you make a mistake like that? #pinterestfail (read the small print). Blooms tattooist in-demand artist Balazs Bercsenyi also shared photos of the revision, writing, Round 2 with @orlandobloom + we added the missing dot to the morse code, and did a small one in memory of Sidi, his dog + conclusion: never fully trust what your clients find on pinterest.
Well, that sounds like some pretty sage advice. So, if youre going to get inked anytime soon and pull your idea from Pinterest, just make sure you spell-check it, okay?
Outside of the spelling error, though, Blooms tattoo was always a loving and thoughtful tribute to his little boy. The actor and ex-wife Miranda Kerr welcomed Flynn in January of 2011, and the father-son duo shares a famously close relationship. Now that Bloom is engaged to Katy Perry, shes developed quite a soft spot for Flynn, too.
We do a lot with Flynn, Perry told Vogue India in January. We go to the movies or to amusement parks. Were constantly doing things that are fun. Of course, being a parent also means making certain concessions. We have to be out the door at 7:30 to be there at 8:15 and we cannot be like, she told Ellen DeGeneres last year of dropping Flynn off at school. I used to not wake up until, like, 11 a.m. and now Im in bed like a normal person at 10 p.m., just, like, falling asleep. I guess this has definitely matured me.
And something tells us if the bond between Perry and her soon-to-be stepson ever inspires a tattoo, she and Bloom will hire an editor to give it a once-over beforehand.
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