The U.K. Food Standards Agency (FSA) has requested public comments about a novel foods application submitted by a U.S. company seeking permission to use refined oil from Bugglossoides arvensis seeds in its food products. The company suggests in the application that the oil is a rich source of omega-3 and omega-6 fatty acids and could be consumed by people who want to increase their intake of omega-3 fatty acids, but are unwilling or unable to consume fish oils—vegetarians, for example. The applicant also indicated that oil made from Bugglossoides arvensis seeds is similar in composition to Echium oil, which is already approved for use in foods in the European Union. FSA will accept comments until July 15, 2013. See FSA News Release, June 25, 2013.
Tag Archives omega-3
A federal court in California has ordered Bumble Bee Foods, LLC to produce “documents dating back to 2004 regarding the marketing and labeling strategies for the products [plaintiff] purchased and for products with the same Omega-3 label or with nearly identical labels” in a putative nationwide consumer-fraud class action. Ogden v. Bumble Bee Foods, LLC, No. 12-1828 (N.D. Cal., order entered April 16, 2013). The named plaintiff seeks to represent class members who purchased products she did not buy and purchased a product made by a separate company that is not a defendant in the case. According to the court, the discovery dispute was about whether Bumble Bee “must produce discovery on all of its products . . . from eight years prior to the initiation of this lawsuit . . . [and involving] King Oscar.” The court determined that it was not appropriate to consider whether the named plaintiff has…
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…
Two groups of scientists at Inner Mongolia University in Huhhot, China, have reportedly created two genetically modified (GM) calves capable of producing either low-lactose milk or milk high in omega-3 fatty acids. According to media sources, the group involved with low-lactose milk production hopes to create herds of GM cows that would supply a range of dairy products for lactose-intolerant consumers within five to 10 years. “Ordinary milk contains lactose, while milk produced by our modified cow will have relatively low content of lactose, or even have no lactose,” one scientist told The Telegraph. “Most people suffer the lactose intolerance in varying degrees. We are attempting to breed a dairy cow that produce low lactose milk for supplying the market. We hope to commercialize it in the future.” The second research team apparently modified cow embryos with genes from roundworms to produce milk with four times the level of omega-3…
A recent study has claimed that rats fed a diet high in fructose had more difficulty navigating a maze than those that also consumed omega-3 fatty acids, thereby raising questions about the impact of sugar consumption on cognition. Rahul Agrawal and Fernando Gomez-Pinilla, “’Metabolic Syndrome’ in the brain: deficiency in omega-3 fatty acid exacerbates dysfunctions in insulin receptor signaling and cognition,” The Journal of Physiology, May 2012. University of California, Los Angeles (UCLA), researchers for six weeks supplied two groups of rats with a fructose solution instead of drinking water while supplementing one group’s rat chow with flaxseed oil and docosahexaenoic acid (DHA). According to the results, the rats in the fructose-only group were not only slower than their counterparts during the maze task, but their brain tissues exhibited an increased resistance to insulin. “The second group of rats navigated the maze much faster than the rats that did not receive omega-3…
California resident Tricia Ogden has filed a putative class action in federal court against Bumble Bee Foods, LLC, alleging that it misbrands its seafood products by claiming they “are an excellent and affordable source of protein, nutrients and Omega 3 fatty acids” and “Rich in Natural Omega-3.” Ogden v. Bumble Bee Foods, LLC, No. 12-01828 (N.D. Cal., filed April 12, 2012). The only injury apparently alleged is economic, i.e., “Plaintiff would have foregone purchasing Defendant’s products and bought other products readily available at a lower price,” and “Plaintiff would not have purchased Defendant’s Misbranded Food Products had he [sic] known they were not capable of being legally held or sold.” According to the complaint, such representations and labeling establish that the company’s products are drugs under federal law “because they are intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease” and are sold without prior Food and…
Under a court order preliminarily approving a settlement of consumer fraud claims involving purported health benefit labeling used to sell Diamond Foods walnuts, the class notification program has apparently begun. Zeisel v. Diamond Foods, Inc., No. 10-01192 (N.D. Cal., preliminary approval order entered January 30, 2012). The court previously certified a nationwide class of consumers who have until July 30, 2012, to opt out of or object to the settlement. Additional details about the certification ruling appear in Issue 397 of this Update. The deadline for filing a claim is September 7. While the company admits no wrongdoing, it has ceased using the disputed product labels and has removed a “Live Well” section from its website. It also agreed to cease using unqualified health claims, but reserves “the right to use the FDA-approved qualified health claim for walnuts, any language or symbols developed by or in conjunction with the American…
Seeking to represent a nationwide class of consumers, a New York resident has filed a lawsuit in a New Jersey federal court, alleging that Smart Balance, Inc. falsely labels its fat-free milks enhanced with omega-3 as “Fat Free” when they actually contain 1 gram of fat per serving. Stewart v. Smart Balance, Inc., No. 11-06174 (D.N.J., filed October 19, 2011). Acknowledging that the nutrition facts label indicates that the products contain 1 gram of fat, the plaintiff nonetheless contends that the front-of-package representations are “intentionally confusing and misleading.” She alleges that she paid more for the company’s products than she would have otherwise paid for alternative milk options because she relied on the “Fat Free” labels, which she contends violate federal labeling rules. Alleging violation of the New Jersey Consumer Fraud Act, unjust enrichment, breach of warranty, and injunctive relief, the plaintiff seeks class certification; compensatory, treble and punitive damages; disgorgement;…
A federal judge in California has granted class certification in a suit alleging that Diamond Foods, Inc. misbranded its shelled walnut products and misled consumers by using “express and implied statements about the positive effects of omega-3 fatty acid consumption on health.” Zeisel v. Diamond Foods, Inc., N0. 10-01192 (N.D. Cal., decided June 7, 2011). The labels at issue apparently featured a heart symbol banner with the phrase “Omega 3 2.5 g per serving” and a structural claim about the omega-3 in walnuts, as well as a qualified health claim approved by the Food and Drug Administration (FDA). After FDA issued a February 2010 warning letter about these so-called combination claims, a consumer filed a complaint alleging that Diamond used language not authorized by FDA and that its products “did not provide the health benefits that were claimed on the package labels.” Plaintiff then moved to certify a class of all…
A Fred Hutchinson Cancer Research Center study has reportedly found that men with the highest blood percentages of the omega-3 fatty acid known as docosahexaenoic acid (DHA) “have two-and-a-half-times the risk of developing aggressive, high-grade prostate cancer compared to men with the lowest DHA levels,” according to an April 25, 2011, press release. Theodore Brasky, “Serum Phospholipid Fatty Acids and Prostate Cancer Risk: Results From the Prostate Cancer Prevention Trial,” American Journal of Epidemiology, April 2011. Based on data from 3,400 men enrolled in the Prostate Cancer Prevention Trial, the study has also claimed that, contrary to expectations, “men with the highest blood ratios of trans-fatty acids . . . had a 50 percent reduction in the risk of high-grade prostate cancer.” The findings evidently surprised researchers, who expected that the anti-inflammatory properties of omega-3 fatty acids would reduce prostate cancer risk, while trans-fatty acids and the omega-6 fatty acids commonly…
