Omega-3 Trade Group Responds to FTC Action Against Supplement Makers

The Global Organization for EPA and DHA Omega-3 Fatty Acids (GOED) has apparently sought clarification from the Federal Trade Commission (FTC) about the letters sent to 11 companies that promote omega-3 fatty acid supplements as a benefit for children’s visual and mental development. According to GOED, FTC was not clear about whether it was concerned with claims on products containing short-chain omega-3 fatty acid (ALA) or long-chain omega-3 fatty acids (EPA and DHA).

The organization also questioned FTC about the types of scientific studies that would be required to substantiate the claims. FTC reportedly told GOED that “claims about an effect (e.g. brain development) need to be substantiated by science on that effect (e.g. brain development)” and that the scientific evidence in support of a claim must be based on research conducted in the age specified in the claim. “That is, if the claim is specific to toddlers two years and above, the research substantiating the claim cannot have been conducted on one year olds.”

GOED contends that it is “unable to comment at the present time on FTC’s specific grievances,” because “the specific claims and dosages in question have not been publicly communicated.” The sample letter FTC made available to the public simply called for the companies to review their product packaging and labeling to confirm they were not violating federal law by making baseless claims about the benefits of their supplements to children’s brain and visual function and development. The organization contends that a large body of scientific evidence supports claims related to EPA and DHA omega-3 fatty acids “and the positive benefits related to brain health.” See Nutrition Horizon, February 22, 2010.