USA
Californian appeals court supports NBTY over structure/function claims
An appeals court in California appeals court has re-affirmed federal jurisdiction over the regulation of claims made on dietary supplements.
The appeals court ruled that the plaintiff’s argument sought in effect to erase the boundary between structure/function and disease claims.
“Plaintiff disagrees with the federal statutory scheme for dietary supplements, but we cannot accept his invitation to upend it,” the court ruled.
The case centered on claims made on vitamin E supplements sold under NBTY’s brand Nature’s Bounty (also listed as a co-defendant). The argument, made on behalf of lead plaintiff Paul Dachauer, was that the products were fraudulent because they did not prevent cardiovascular disease. Dachauer argued that this was implied in the product’s claims that included language such as “support cardiovascular health,” “promote [] immune function,” “immune health,” and “circulatory health.”
The Dietary Supplement Health and Education Act allows manufacturers to make general claims on their products that relate to structures or functions in the body, hence the structure/function label for these type of claims.
Regardless of how the claim is worded, it must be supported by “competent and reliable scientific evidence” (a standard borrowed from the Federal Trade Commission) that the ingredients in a product have an effect on the structure or function of the body that is in question. Dietary supplements in the United States may not claim to diagnose, treat, cure or prevent any disease.
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Ancient Nutrition eyes international markets
Ancient Nutrition – the No. 2 brand in the protein powder and supplement category within the natural channel* - is eyeing international expansion
New CEO Greg Shearson told our US edition that Ancient Nutrition is just getting started with much more opportunities outside of its current markets, channels, and product categories.
“I would define it as a great start but with tremendous opportunity to grow in all the places that we already play, as well as turning to Jordan loose to go after all the things that we want to get to as well,” he said.
Those target growth areas include winning more market share, driving penetration, and talking to more consumers outside of the US market.
While not getting too specific about the types of products consumers can expect from Ancient Nutrition and the markets it would enter next, Shearson did say that it would be expanding its current product lines around keto, collagen, and probiotics, as well as entering new categories.
* According to SPINscan Natural, 52 weeks ending 12/2/18.
Asia
Bod Australia’s revenue grows with CBD contribution
The Australian firm reported a record A$1.22m revenue for Q4 2018, which included A$766,000 in sales — a 260% increase from its Q1 results. CBD-based products contributed significantly to Bod’s growth.
CEO Jo Patterson told our Asian edition: “We’re doing lots of stuff in the cannabis and hemp space. We are developing a nutraceutical product that we will adapt to Australian market, so it will contain hemp seed oil, terpene and an herbal extract.
“We’ve also created another line for the OTC (over-the-counter) market through pharmacies. It contains CBD extract, terpene and an herbal extract, and will be sold in the UK and European markets.
“We’re really at the forefront of what’s going on from a prescription perspective, and we’re also at the forefront in terms of OTC opportunities.”
MediCabilis, a proprietary pharmaceutical-grade cannabis extract that is currently available in bottled oil format through the Special Access Scheme in Australia.
As there are regulatory restrictions on the use of CBD in Australia, Bod has taken to substituting CBD extract with hemp seed oil in the product formulations it sells in its home country.
Silk peptide supplements show cognitive health benefits
Japan Central Pharma will market the product – branded Memory Keep Ex – towards parents, who would hopefully purchase the product for their children who are preparing for university entrance exams.
“The consumers usually buy our product 6 months before the university entrance exam,” Hisao Nakajima, the CEO of Japan Central Pharm (JCP) told our Asian edition.
Memory Keep Ex is formulated with silk peptides, and works by promoting blood flow in the brain and activating the mitochondria of a brain cell, according to the company. Clinical trials to study the effects of the product have reportedly been performed.
“High school students (in Japan) are studying very hard to enter a university, just like those in China and Korea. They try to pass the entrance examination and I will like to help them,” Nakajima explained when asked the reasons for targeting the high school students.