Category Archives: Food Supplements

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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Are you at risk of a class action lawsuit? Perkins Coie outlines key areas of vulnerability for food & beverage brands - FoodNavigator-USA.com

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.

Request a sample of this research study athttps://www.qyresearch.com/sample-form/form/1483429/global-food-supplement-ingredients-market

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

A stroll through the health aisle at the local supermarket will have ones eyes glance upon a variety of different supplements marketed as if they were a necessity to live a healthy and fulfilling life. But how much do we really need these supplements, and are they worth the money were paying for them?

In 2019 alone, the vitamin and supplement industry in the U.S. have made about $32 billion from sales of different supplements. These products include vitamins, minerals, herbs, botanicals, sports nutrition, meal supplements and specialty products.

All supplements sold in the U.S. are under the regulation of the Food and Drug Administration. Under the Dietary Supplement Health and Education Act of 1994, the FDA is responsible for taking action against any adulterated or misbranded dietary supplement product after it reaches the market. How many of the supplements in stores are really necessary?

I dont usually eat enough fruits and vegetables on a regular basis, so I take a multivitamin in order to get those vitamins and minerals that Im missing out on, said Matthew Gillies, a junior aerospace engineering student. Its a quick way to get those necessary vitamins in your diet that I would be getting if I were to eat more fruits and vegetables. A doctor recommended it more when I was younger, and so Ive kept up with it. Ive been taking one since I was about 6 years old.

Multivitamins are the most common type of supplements taken in the world. The majority of multivitamins contain different types of vitamin B, vitamin C, vitamin K and an assortment of different minerals, including zinc, calcium and magnesium.

Vitamins can be categorized into two different groups - water-soluble and fat-soluble vitamins. Vitamins A, D, E and K are the fat-soluble vitamins, meaning any excess amounts of these four vitamins are absorbed into the body through fatty tissue. The other vitamins are water-soluble, so any excess amounts of these vitamins will simply be excreted from the body through urine.

The majority of physicians recommend fixing ones diet before falling back on supplements to fix a lack of necessary vitamins and minerals. For example, a well-balanced diet including the necessary amounts of certain vitamins and minerals completely eradicates the need for purchasing any supplements.

The majority of healthy patients who eat a balanced diet do not need to take a multivitamin, and thus the majority of patients who take one do not need to do so, said Dr. Kevin Moynahan, an internist at Banner University Medical Center Tucson. For the majority of healthy individuals who eat a balanced diet, a daily multivitamin is not needed. Before deciding to take a daily multivitamin, people should talk to their physician or healthcare provider about their current diet and medical conditions.

What makes taking supplements so attractive to the majority of people? The convenience of just taking a pill once or twice daily to fulfill their health needs can appeal to many. However, some people dont think this form of diet intervention is really necessary to live a healthy life.

I just never needed to use them, said Faiz Rafique, a senior computer science student. The food I eat has plenty enough nutrition for me, so I have never needed extra vitamins to make me feel better.

Vitamins can be necessary for some people who are unable to get the majority of necessary vitamins and minerals from their diet. For example, a lack of access to proper nutrition can make taking a multivitamin very important.

Examples of conditions or situations in which a multivitamin should be considered include alcoholism, poor-quality diets that do not contain fruits and vegetables, patients who have had a gastric bypass procedure, malabsorption and consuming a vegan diet, said Moynahan. Patients with osteopenia or osteoporosis may benefit from calcium supplementations (if their diet contains less than 1200 mg of calcium) and vitamin D supplementation.

The decision to take supplements is an important decision for ones health. Speak to a health care provider before deciding to take this form of intervention into your daily life.

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Supplements: Are they worth your buck? - Arizona Daily Wildcat

Products containing cannabidiol (CBD) are proving difficult to regulate. A new bill seeks to provide regulatory clarity for allowing CBD in dietary supplements. House Agriculture Committee Chairman Collin Peterson recently introduced legislation to have the U.S. Food and Drug Administration (FDA) allow for CBD to be marketed as a dietary supplement as well as a food additive.

The last two Farm Bills were landmark successes for hemp,but we are still very early in this process, and growers need regulatorycertainty, Peterson saidin a press release. This bill will allow FDA to regulate CBD that comesfrom hemp as a dietary supplement, providing a pathway forward for hemp-derivedproducts. It would also identify barriers to success for hemp farmers,informing growers and policy makers of the challenges facing this newindustry.

Initial cosponsors of the bipartisan bill include Representatives Thomas Massie, James Comer, and Chellie Pingree. The legislation seeks to amend the Federal Food, Drug, and Cosmetic Act with respect to the regulation of hemp-derived cannabidiol and hemp-derived cannabidiol containing substances. The bill would also charge the U.S. Department of Agriculture to conduct a study of the regulatory and market barriers for farmers involved in the production of hemp.

There is already a significant number of products that contain CBD in the marketplace. The FDA has been slowly cracking down on the practice, sending 15 warning letters to companies marketing CBD products last month. The legislative push to allow CBD in dietary supplements comes as welcome news to farmers who were quick to begin producing hemp after the legalization of the commercial crop under the 2018 Farm Bill. Many hemp producers were excited for the potential of the crop, created in part by demand for CBD oil. The proposed bill has been referred to both the Committee on Agriculture and the Committee on Energy and Commerce.

Related

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Legislation Introduced to Allow CBD in Dietary Supplements - AgNet West

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Federal and state legislatures aimed to bring more scrutiny tocosmetics in 2019 by considering measures that would regulateingredients, limit research methods and grant additional authorityto regulatory agencies.

At the federal level, lawmakers have considered the Safe Cosmetics and Personal Care Products Act of2019 and the Cosmetic Safety Enhancement Act of 2019, whichwould give the U.S. Food and Drug Administration (FDA) moreauthority to recall personal care products. The House Subcommitteeon Health, part of the Committee on Energy and Commerce, held a hearing on December 4, 2019, that focused onthe reasoning behind the proposed bills. "The proposedbipartisan bill currently under consideration in Congress wouldreform the U.S. approach to cosmetics regulation, potentially insignificant ways," Shook Partner LaurieHenrytold Corporate Disputes for the magazine's October-December 2019issue.

Other federal efforts included the November introduction of theNatural Cosmetics Act, which aims to definethe term "natural" as applied to cosmetics. Rep. FrankPallone sent a letter in June urging FDA to provide updated information oninspections of imported cosmetics after he learned that the agencyhad not conducted "any foreign cosmetics inspections in FiscalYear (FY) 2019 and does not intend to conduct any inspections in FY2020." The Children's Product Warning Label Act of2019 was introduced in March following headlines about the identification of asbestos in talc-basedchildren's cosmetics, although the bill has not progressedbeyond introduction.

A bipartisan federal bill to ban animal testing for cosmetics,the Humane Cosmetics Act of 2019, was introduced,coinciding with state legislatures banning the sale of cosmeticsproduced with animal testing; Illinois and Nevada joined California in passing such bans,which take effect January 1, 2020.

In addition, California updated its laws to require safety data sheetsfor cosmetic products, while New York banned 1,4-Dioxane, which can be found incosmetics and other personal care products.

The U.S. Food and Drug Administration promised an increasedfocus on dietary supplements in a February 2019 press announcement from then-CommissionerScott Gottlieb. "[T]oday we are announcing a new plan forpolicy advancements with the goal of implementing one of the mostsignificant modernizations of dietary supplement regulation andoversight in more than 25 years," the announcement stated. FDApromised additional efforts in "communicating to the public assoon as possible when there is a concern about a dietary supplementon the market, ensuring that our regulatory framework is flexibleenough to adequately evaluate product safety while also promotinginnovation, continuing to work closely with our industry partners,developing new enforcement strategies and continuing to engage in apublic dialogue to get valuable feedback from dietary supplementstakeholders." The announcement accompanied the posting of 12warning letters and 5 online advisory letters sent to companiesthat the agency asserted were "illegally selling more than 58products, many that are sold as dietary supplements, which areunapproved new drugs and/or misbranded drugs that claim to prevent,treat or cure Alzheimers disease and a number of otherserious diseases and health conditions." In April, FDA unveiled its Dietary Supplement Ingredient Advisory List, atool intended to alert the public when the agency "identifiesingredients that do not appear to be lawfully marketed in dietarysupplements."

As part of Shook's 60 Seconds of Legal Science video series,Houston Managing Partner Jennise Stubbsnoted FDA's role inreviewing dietary supplements. "As dietary supplementpopularity increases and the number of companies manufacturingthese supplements grows, FDA is reviewing the regulatory frameworkfor these products to ensure its processes and procedures ofoversight are flexible enough to evaluate product safety but alsopromote scientific innovation," she explains.

FDA continued issuing warning letters to companies with productionfacilities the agency deemed to be not up to Current GoodManufacturing Practices, including Hi-Tech Pharmaceuticals, SomaLabs Inc., Nutra Solutions USA and Goldstar Distribution, as well as companiesthat allegedly claimed benefits about their products that wouldamount to the products being unapproved new drugs. A large portionof 2019 warning letters in this category were sent to manufacturersof cannabidiol (CBD) products; in addition, FDA sent severalletters to manufacturers of products containing dimethylhexamine(DMHA), including eight manufacturers that appeared in an April posting of warning letters.

The U.S. Federal Trade Commission (FTC) has frequently targeteddietary supplement and cosmetics companies for enforcement actions,arguing that companies engage in marketing tactics the agency foundto be misleading or harmful. These actions continued apace in 2019,with challenges focused on unsubstantiated claims,"risk-free" trial offers and undisclosed marketingpartnerships.

FTC settled a number of cases with supplement producers anddistributors, including the makers of Synovia, which was allegedly marketed as atreatment for arthritis. The marketing included a testimonial inwhich the endorser purportedly "gave away his walker"after using Synovia. An aloe supplement maker was alleged to havemisleadingly marketed its products as "effective treatmentsfor a range of conditions affecting seniors, including chronicpain, ulcerative colitis, diabetes, and acid reflux." Under asettlement agreement, the makers will pay $537,000 of an $18.7million judgment. Unsubstantiated claims about cognitive improvements also drew a complaintfrom FTC; 12 corporate defendants settled with the agency afterthey allegedly claimed the products had been shown in "over2,000 clinical trials" to improve focus by "up to121%."

The agency also filed an action against a company that marketed itsbath and beauty products as organic and vegan despite containingnon-organic ingredients that appear "only in lists that areburied among other text on product labels and websites." Someof the company's products also contained honey and lactose,which are not vegan ingredients. In addition, FTC mailed checks to consumers confused bynegative-option marketing for "risk-free" trials of skincare products and sued a supplement company that allegedly ranan illegal pyramid scheme.

FTC continued to focus on supplement and cosmetics companiespartnering with influencers or other non-traditional brandrepresentatives who fail to disclose their paid relationships. InNovember, FTC released "Disclosures 101 for Social MediaInfluencers," a guide aiming to clarify the measures thatsocial media posters must pursue to ensure their audiencesunderstand that a post is an advertisement. The agency also lookedfor misleading reviews and testimonials shown online by seeminglyimpartial users of personal care products. In February, FTC announced "its first case challenging amarketers use of fake paid reviews on an independent retailwebsite," which it brought against the distributor of aGarcinia cambogia supplement. FTC also settled with skin carecompany Sunday Riley following allegations that thecompany's executives directed employees to leave highlypositive reviews on Sephora's website to ensure thecompany's products retained high star ratings.

The National Advertising Division (NAD), which reviewschallenges to marketing claims brought by competitors or advocacyorganizations, considered several dietary supplement and cosmeticsadvertising complaints in 2019, including a complaint brought bythe Council for Responsible Nutrition. The group challenged themarketing for Plavinol, a dietary supplement purported toaid in treating metabolic syndrome, and NAD found that the researchstudy cited by Nexus Formulas LLC lacked credibility "becauseit was unclear who authored it."

The ad board also faced resistance following some of itsdeterminations, including from Guthy-Renker. NAD told the company thatmarketing for its Crepe Erase "antiaging body caresystem" featured misleading numbers on the percentage of userswho saw improvements after using the product and that thetestimonials from a doctor and Dorothy Hamill were misleading. Thecelebrity endorsement did not reflect the evidence in the recordabout the product's efficacy, NAD found, and the doctor'stestimonial implying the product was better than its competitorswas misleading because the doctor did not review competingproducts' efficacy. Guthy-Renker told NAD it intended to appealon several grounds.

Wink Naturals received multiple complaints about its products,which include sleep supplements, anxiety-relief supplements and cough-syrup supplements. The challengeslargely focused on Wink's marketing towards children, includingsuch statements as, "I get asked A LOT if we make an anxietyproduct for kidsWE DO" and "Helps to improve yourchilds school performance: A good night sleep can lead tomore energy, focus, concentration, information retention, andcreative problem solving. NAD determined the latter phrasingcould be slightly modified into separate sentences to highlight thebenefits of sleep and the relationship between the product andsleep, but the board recommended a number of changes to Wink'smarketing throughout all three products' advertisingcampaigns.

Following the passage of the 2018 Farm Bill, which legalized thecultivation of hemp, cannabidiol (CBD) became the star ingredientof 2019, suspended by itself in oil or featured in supplements,beverages and food. The U.S. Food and Drug Administration (FDA)struggled to keep up with the hype; while CBD stayed in legallimbo, U.S. lawmakers and other public officials urged the agency to take action and create alegal framework for a burgeoning industry capitalizing on thepopularity of CBD and its purported calming and healing effects.Several companies went too far in their marketing claims, however,according to the U.S. Food and Drug Administration's andFederal Trade Commission's warning letters focused on the claimed benefits of theproduct. One letter noted that the company sold CBD oil asa dietary supplement; "however, it cannot be a dietarysupplement because it does not meet the definition of a dietarysupplement," the letter advised. "FDA has concluded basedon available evidence that CBD products are excluded from thedietary supplement definition." In November, FDA issued a consumer update clarifying that the agency"is concerned that people may mistakenly believe that tryingCBD cant hurt'" while studies haveidentified possible effects on the liver, male reproductive healthand drug interactions.

Shook's Cannabis Lawpractice, led by Partners Katie Gates Calderonand Greg Wu,helped companies navigate the regulatory minefields of CBD andother cannabis-derived products. Shook also released a white paper,"Wild West or New Frontier? Global Cannabis MarketSpurs Legal Spend Across All Sectors," drawing on feedbackfrom in-house counsel in, among other sectors, health and wellnesscompanies.

Between beachfront jurisdictions banning chemicals that blockultraviolet light and scientific inquiries into the safety ofsunscreen found in the bloodstream, questions about the use ofsunscreen entered the mainstream in 2019. After Hawaii bannedoxybenzone- and octinoxate-containing sunscreens based on theirpurported effects on coral reefs in 2018, additional jurisdictionsfollowed suit, including Key West and the U.S. Virgin Islands. While Outside asked if sunscreen is "the newmargarine," focusing on the importance of vitamin D andsunscreen's role in preventing the skin from making its ownform, the U.S. Food and Drug Administration (FDA) set forth anupdated proposal for sunscreen regulations, includinga proposal to raise the maximum proposed labeled SPF to 60+ from50+, and reported that the agency was unable to deem 12 sunscreenactive ingredients as safe and effective due to a lack of research.A study published in May made headlines by imparting that sunscreen activeingredients can be absorbed into the bloodstream, but FDA emphasized to the public that absorptiondoes not mean the ingredients are unsafe and encouraged thecontinued use of sunscreen. The Personal Care Products Council proposed a work plan to provide safety datafor eight of FDA's questioned ingredients. Although the 2014Sunscreen Innovation Act set a deadline of November 26, 2019, for a finalrule on sunscreen, FDA's proposed monograph remains in draftform.

While some 2019 putative class actions focused on undeclared allergens or missing federal disclaimers, many plaintiffstargeted products that allegedly could not live up to the promisesmade in the marketing. Protein and muscle-building supplements werefrequently challenged, including for the omission of an essential amino acid resultingin an "incomplete protein." BPI Sports and Iovate Health Sciences USA, for example,allegedly sold protein dietary supplements that negatively affectedprotein synthesis, according to putative class plaintiffs.

"Natural" personal care products were also hit withlawsuits alleging they contained synthetic ingredients, includingTarte Cosmetics, Shikai hair and body care products and Thayer's Natural Remedies deodorants,wipes and dry-mouth sprays. Another lawsuit echoed a warning fromthe U.S. Food and Drug Administration about dimethylhexamine(DMHA), arguing that Hi-Tech Pharmaceuticals reformulated itssupplements with DMHA after federal regulations forbade the use ofa similar stimulant the company reportedly said would have the sameeffects as DMHA.

Plaintiffs also targeted skin care products for failing todeliver on promised anti-aging results, such as a putative classaction arguing L'Oral Revitalift is marketed asable to lift and firm skin or repair wrinkles without qualifyingthe benefits as helping "the appearance" of thosetargeted lines. Putative class actions also challenged whether biotin could benefit hair and skin, whether raspberry ketones could help consumers loseweight and whether a supplement can lower cholesterol.

A plaintiff asserted that a hair styling product could not feasibly bemarketed as "no flake" if it contained an ingredient witha "natural tendency to produce flaking," while anotherplaintiff argued that Vitamin Shoppe sells a daily supplementcontaining enough arsenic to harm daily users. S-adenosylmethionine (SAM-e) supplements werealso targeted, and one lawsuit alleged that Nature Medic Fucoidan products could causecancer cells to "self-destruct" and prevent cancer fromspreading in the body.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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United States: 2019: The Dietary Supplements And Cosmetics Year In Review - Mondaq News Alerts

USABill aims to add CBD to DSHEAs supplement definitions

A new bill introduced by Rep. Collin Peterson (D-MN) seeks to include CBD under the definition of dietary supplements found in Dietary Supplement Health and Education Act (DSHEA).

Bill HR5587 enjoys support from both sides of the political aisle, with Rep. Thomas Massie (R-KY), Rep. James Comer (R-KY) and Rep. Chellie Pingree (D-ME) signing on as cosponsors.

The bill amends DSHEA by creating a specific exemption for hemp-derived CBD in the so-called exclusionary clause found in that legislation. This portion of the law states that if an article was investigated as a drug prior to coming to market as a dietary supplement or as part of a food, then a drug it must remain and the other uses are precluded.

HR5587 seeks to add the phrase (other than hemp-derived cannabidiol or a hemp-derived cannabidiol containing substance) after an article in this portion of the legislation.

Responses from industry stakeholders varied, with Michael McGuffin, president of the American Herbal Products Association, telling NutraIngredients-USA: Is the Peterson bill the best way to resolve the issue? Of course its not. The best way is for the regulatory agency to take full responsibility for regulating and for the legislators to take responsibility for legislation.

On the other hand, Ivan Wasserman, a partner in the firm Amin Talati Wasserman, said the bill could be a quick and elegant solution to problem.

I am encouraged because it would put CBD on the same footing as any other botanical ingredient used in dietary supplements. It would not impede the other cannabinoids [such as CBG] found in hemp because only CBD has already been studied as a drug, said Wasserman.

For more on this story, please click HERE.

European Food and Safety Authority (EFSA) has concluded that AkzoNobels iron compound for use in supplements and fortifying baby foods poses no danger to consumers. A recently published technical report noted that possible exposure to nanoparticles in the product was unlikely, and that Ferrazone XF is readily soluble, removing concerns over the presence of insoluble/persistent particles.

Ferrazone Ferric Sodium EDTA is used to fortify foods that are stored in dry form such as powdered beverages, candy bars and flour. EFSA authorized ferric sodium EDTA as a Novel Food in June 2018.

Ferrazone XF is judged to be of a finer consistency, produced by adding an extra grinding step to the manufacturing process.

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Riding a wave of growing consumer awareness around whey protein in India, sports nutrition brand MuscleBlaze, has reported increases in annual sales of nearly 25%.

This growth was largely driven by its Biozyme Whey Protein, Super Gainer XXL, and BCAA Pro products.

MuscleBlaze, which is owned by Bright Lifecare, is benefitting from Indias younger consumers adopting fitness as a lifestyle, as well as a growing awareness and acceptability of protein supplements amongst consumers.

For more on this, please click HERE.

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Across the Nutra-verse: Resolving the CBD issue, growing consumer awareness around whey protein in India, and more - NutraIngredients-Latam

A bipartisan group of lawmakers introduced a bill in the U.S. House of Representatives on Monday that would give the Food and Drug Administration (FDA) flexibility to allow hemp-derived cannabidiol (CBD) to be sold as a dietary supplement, boosting shares of cannabis stocks such as Charlotte's Web Holdings (OTC:CWBHF), which was up 18% today on the news.

House Agriculture Committee Chairman Collin Peterson, D-Minn., filed the bill amending the Federal Food, Drug, and Cosmetic Act (FD&C), and it is co-sponsoredby James Comer, R-Ky.; Chellie Pingree, D-Maine; and Thomas Massie, R-Ky.

Peterson said in a press release, "This bill will allow FDA to regulate CBD that comes from hemp as a dietary supplement, providing a pathway forward for hemp-derived products." The bill would also require the Department of Agriculture to produce a report on the regulatory and market barriers faced by hemp farmers.

Image source: Getty Images.

The FDA threw cold water on the CBD industry in November when it issued a warning to consumers and CBD producers saying that it was illegal to market CBD by labeling it as a dietary supplement. Although the agency cited "many unanswered questions" about the safety of CBD, the real issuewas a provision of the FD&C that prohibits an active ingredient of an approved drug to be sold as a dietary supplement. Ironically, the FDA implicitly outlawed CBD as a supplement when it approved the CBD drug Epidiolex from GW Pharmaceuticals (NASDAQ:GWPH) as safe and effective.

Cannabis investors, and no doubt hemp farmers, were cheering the possibility that regulatory barriers for the CBD market could be removed by congressional action.

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A New Bipartisan Bill Could Clear the Way for CBD Supplements - The Motley Fool

Modern Living with kathy ireland is pleased to announce an exclusive interview with ChemoBrain Co. Co-Founder David Salo and Co-Founder Michele Salo to discuss their nutritional supplements that help cancer patients combat the cognitive effects of chemotherapy.

LOS ANGELES (PRWEB) January 21, 2020

Modern Living with kathy ireland is pleased to announce an exclusive interview with ChemoBrain Co. Co-Founder David Salo and Co-Founder Michele Salo to discuss their nutritional supplements that help cancer patients combat the cognitive effects of chemotherapy.

ChemoBrain Co. is a company that's committed to searching for real solutions for cognitive impairment among people who have undergone cancer treatment. Driven by passion and customer focus, ChemoBrain Co. designs and manufactures high-quality products that improve the everyday life of cancer survivors and their loved ones. Inspired by personal experience, ChemoBrain Clear is a symbiotic three-product regimen focused on brain health, gut health and vascular health. It's inspired by ChemoBrain's mission to find a real solution for cognitive impairment among individuals who have undergone cancer treatment.

David Salo says that ChemoBrain Co. products stand out from other vitamins and supplements. He explains, "One of the things we've found is that people think that all supplements are the same. They're not. It really depends on the quality of the ingredients they're using and the process in manufacturing. We use pharmaceutical-grade ingredients and we hold our manufacturers to the same standards using quality products. These are not your average products you'd find in a health food store. These were specifically designed for us here at ChemoBrain Co.."

For more information about ChemoBrain's nutritional supplements for cancer patients, visit ChemoBrain.com and tune in to WE tv as sponsored content on Thursday, January 23, 2020 at 7:30am EST.

About Modern Living with kathy ireland

Modern Living with kathy ireland is an independently produced television series airing domestically on WE tv as sponsored content and on Bloomberg Internationally. Hosted by lifestyle influencer and business mogul Kathy Ireland, the series features the latest in lifestyle and B2C trends, breakthroughs, and solutions, while highlighting companies from around the globe in a unique and credible format. For more about Modern Living with kathy ireland, visit modernlivingtv.com and check out the series on social media!

For the original version on PRWeb visit: https://www.prweb.com/releases/modern_living_with_kathy_ireland_see_chemobrain_co_introduce_their_nutritional_supplements_for_cancer_patients_to_take_during_and_after_chemotherapy/prweb16850238.htm

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Modern Living with kathy ireland: See ChemoBrain Co. Introduce Their Nutritional Supplements for Cancer Patients to Take During and After Chemotherapy...

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WASHINGTON A bipartisan group of lawmakers has introduced a bill that would amend the Federal Food, Drug and Cosmetic Act to include cannabidiol (CBD) in the definition of dietary supplements, which would allow CBD to be marketed in food, beverages and nutritional supplements. The bill, introduced Jan. 13, was filed by Rep. Collin Peterson (D-Minn.), chairman of the House Agriculture Committee, and was co-sponsored by Reps. Thomas Massie (R-Ky.), James Comer (R-Ky.)and Chellie Pingree (D-Maine).

The proposal comes after an amendment in the 2020 Senate Appropriations Act that would have opened a similar pathway for CBD sales was stripped from the final bill. The provision, inserted by Senate Majority Leader Mitch McConnell (R-Ky.), would have instructed the U.S. Food and Drug Administration (FDA) to issue a policy of enforcement discretion with regard to certain products containing CBD within 120 days of the spending bills passing.

The new bill addresses FDA oversight of CBD, and also laws regarding hemp cultivation oversight by the U.S. Department of Agriculture (USDA). It would require the USDA to study regulatory and market barriers for farmers engaged in hemp production, specifically the costs of implementing hemp testing programs, the costs of destroying hemp that exceeds the THC limit, the feasibility of the required testing timeline and other known or potential challenges.

The last two Farm Bills were landmark successes for hemp, but we are still very early in this process, and growers need regulatory certainty, Peterson said in a press release. This bill will allow FDA to regulate CBD that comes from hemp as a dietary supplement, providing a pathway forward for hemp-derived products. It would also identify barriers to success for hemp farmers, informing growers and policy makers of the challenges facing this new industry.

Eric Steenstra, president of Washington, D.C.-based Vote Hemp, said in an email blast that the organization supports the bill.

[It]will help provide clarity to the marketplace and ensure that CBD supplements can be marketed and sold nationwide, Steenstra said. We urge Congress to pass this legislation quickly and FDA to regulate hemp-derived CBD the same as any other supplement under existing regulations.

Experts warn the process of passing such a bill takes time, especially in todays political climate. Scott Sinder, partner with Washington, D.C.-based Steptoe & Johnson LLP, told CSP Daily News that in the best-case scenario, the bill wont pass until close to the end of the year,if it passes at all.

Its the first shot across the bow on this, so very hard to say, Sinder said. Especially at a moment when very little legislative activity is expected.

The proposed bill has been referred to the Committee on Energy and Commerce, as well as the Committee on Agriculture. The committees will review for a period to be subsequently determined by the Speaker, according to Congress.gov.

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Congress Makes Move to Allow CBD in Food and Beverages - CSPDailyNews.com

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Esticast Research & ConsultingPhone +91-844-601-6060Email[emailprotected]

Esticast Research & Consulting is a research firm providing research reports on various industries with a unique combination of authenticity, extensive research, and infallibility. We provide syndicated market research reports, customization services, and consulting services to help businesses across the world in achieving their goals and overcoming complex challenges. We specialize in providing 360 degree view of the markets to assist clients in determining new opportunities and develop business strategies for the future with data and statistics on changing market dynamics. Esticast Research & Consulting has expert analysts and consultants with an ability to work in collaboration with clients to meet their business needs and give opportunities to thrive in a competitive world. A comprehensive analysis of industries ranging from healthcare to consumer goods and ICT to BFSI is provided by covering hundreds of industry segments. The research reports offering market forecasts, market entry strategies, and customer intelligence will help clients across the world in harnessing maximum value on their investment and realize their optimum potential.

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Algae Protein Market 2020 By Type (Spirulina, Chlorella, Seaweed, and Others), By Sources (Freshwater and Marine), By Application (Dietary...