FTC Issues Omega-3 Fatty Acid Warning Letters; Seeks Evidence for Health Claims
The Federal Trade Commission (FTC) has announced that it sent letters to 11 unnamed companies in late January 2010, warning that their promotions and product packaging for omega-3 fatty acid supplements may violate the law “by making baseless claims about how the supplements benefit children’s brain and vision function and development.” FTC apparently gave the companies until February 8 to respond and explain what they have done or will do to ensure they are complying with the law, that is, that their health-related claims “are substantiated.”
FTC provides as an example of substantiation “well-conducted, clinical cause-and-effect studies demonstrating that the use of the combination of Omega-3 fatty acids provided in Product X, in the same dosage as provided by one serving of the product, improves or promotes brain function, cognitive function, attention span, intelligence, memory, learning ability, and visual acuity in normal children ages 2 years and older.” The agency cites a similar investigation it made of Northwest Natural Products, Inc., which advertised and promoted a children’s vitamin containing omega-3 as a product that “boosts, improves, or promotes brain function, brain development, intelligence, or academic achievement in children.” According to FTC, the company immediately and voluntarily modified its marketing materials for its Gummy Fish® product to comply with the law.
FTC also solicits contact from consumers “who wish to file a complaint against a company they believe may be deceptively advertising dietary supplements for children, or any other type of product.” See FTC Press Release, February 16, 2010.
