A nutritionist who published a study about the health effects of omega-3 fatty
acids in the American Journal of Clinical Nutrition has objected to Dean Foods
Co.’s decision to cite her work in marketing the health benefits of its Horizon
organic milk fortified with docosahexaenoic acid (DHA). Penn State University
Professor Penny Kris-Etherton apparently took issue with Horizon milk labels
that used her paper to support a claim that “many Americans don’t get the recommended DHA from their everyday diet.” According to Kris-Etherton,
however, her research did not establish an optimum level of DHA consumption
for the average consumer.

“It’s not right—it’s inaccurate,” she was quoted as saying. “It’s a marketing
strategy to sell more of their milk.”

Kris-Etherton’s concerns have evidently led Whole Foods Market Inc. to review
its policy on DHA health claims and Dean Foods to consider voluntarily
withdrawing the citation. “It’s appropriate to use published scientific studies
as references for support of a statement,” a Dean Foods’ spokesperson told the
press. “However, per the author’s request, we are considering removal of the
claim within our next round of packaging changes in 2013.” See Bloomberg
Businessweek, July 25, 2012; Bloomberg, July 27, 2012.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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