At the behest of the European Commission, the European Food Safety Authority’s (EFSA’s) Panel on Dietetic Products, Nutrition and Allergies (NDA Panel) has published population reference intakes (PRIs) for vitamin C and adequate intakes (AIs) for manganese “as part of its ongoing work on Dietary Reference Values (DRVs).” Basing its conclusions on the quantity of vitamin C that balances metabolic vitamin C losses in healthy adults, the scientific opinion on vitamin C proposes (i) an average requirement (AR) of 90 mg/day and a PRI of 110 mg/day for men; (ii) an AR of 80 mg/day and a PRI of 95 mg/day for women; and (iii) a PRI of 20 mg/day for infants aged 7-11 months. For children and adolescents, the NDA Panel has set PRIs ranging from 20 mg/day for children aged 1-3 years, to 100 and 90 mg/day for boys and girls aged 15-17 years. It also notes that pregnant…
Tag Archives vitamins and minerals
The European Food Safety Authority (EFSA) has proposed adequate intake (AI) levels for fluoride and molybdenum as part of its effort to provide dietary reference values (DRVs) for micronutrients, including vitamin C, folate, iron, zinc, calcium, and iodine. Finalized by EFSA’s Panel on Dietetic Products, Nutrition and Allergies (NDA Panel) after a public consultation, the proposed AI for fluoride is 0.05 mg/kg body weight per day “for children aged 7 months to 17 years as well as adults, including pregnant and lactating women,” and the proposed AI for molybdenum is 65 micrograms per day for all adults and 10-65 micrograms per day for infants, children and adolescents. According to EFSA, the NDA Panel has already proposed DRVs for energy, macronutrients—protein, fats and carbohydrates—dietary fiber, and water. In turn, such DRVs are used “to establish reference values for nutrition labeling, for the assessment and planning of diets and for developing food-based…
A federal court in California has granted in part and denied in part the defendants’ motion to dismiss the first amended complaint in a putative class action alleging that the companies falsely label and market Splenda Essentials with Antioxidants®, Splenda Essentials with Fiber® and Splenda Essentials with B Vitamins®. Bronson v. Johnson & Johnson, Inc., No. 12-4184 (N.D. Cal., order entered April 16, 2013). Dismissed with leave to amend were claims brought under the Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act to the extent that the claims include statements made on the defendants’ website or in print ads. The court found that the plaintiffs failed to allege that they relied on these statements when purchasing the products. Also dismissed with leave to amend are claims about the Fiber and B Vitamins products because the plaintiffs relied on lack of scientific substantiation theories which cannot be asserted…
The National Toxicology Program (NTP) and the Office of Dietary Supplements are seeking information and comments on an approach document titled “Identifying Research Needs for Assessing Safe Use of High Intakes of Folic Acid.” According to NTP, the information gathered through the request will be used to prioritize topics for a workshop the agency is planning “to identify research needs based on consideration of the state of the science related to the safe use of high intakes of folic acid.” Although “[t]he benefit of supplemental folic acid for pregnant women to prevent neural tube defects in their children is well established,” NTP stated, “at the same time, there is interest in understanding potential adverse health impacts from high intakes of folic acid.” The agency is specifically seeking information on the following topics: (i) “health effects of most concern for high folate intake”; (ii) “assessments of folic acid intake and folate levels…
The U.K. Advertising Standards Authority (ASA) has upheld three challenges to marketing claims made by Santa Monica, California-based Neurobrands LLC about its line of “Neuro” beverages. Lodged in August 2011 before Commission Regulation (EU) No. 432/21012 established a list of permitted health claims for foods, the complainants argued that the claims appearing on Neurobrands’ website and posters were misleading, unsubstantiated and “misleadingly implied that a widespread vitamin D deficiency in women existed and that the product NeuroSun could treat that deficiency.” Upholding the three complaints, ASA barred the advertisements and advised Neurobrands “to seek advice before making future health and nutritional claims for foods, given the transitional period following the Regulations coming into force.” According to ASA, Neurobrands defended the “mental performance” claim for its NeuroSonic beverage by citing the European Food Safety Authority’s (EFSA’s) “positive opinions” for caffeine and vitamin B12 with regard to “mental functions,” while noting that…
The Center for Science in the Public Interest (CSPI) has filed a putative nationwide class action in a federal court in California against Dr. Pepper Snapple Group, Inc., alleging that the company misleads consumers, through marketing and product labeling, to believe that the antioxidants contained in its beverages are derived from fruits and that the company’s use of antioxidants in soft drinks violates contrary Food and Drug Administration (FDA) regulations. Green v. Dr. Pepper Snapple Group, Inc., No. ___ (C.D. Cal., filed November 8, 2012). By using the term “antioxidant” in the names of some of its beverages, the company allegedly distinguishes its products “from similar soft drinks and, thereby, command[s] a premium price for the Products.” According to the complaint, “Contrary to Defendant’s claims and representations, the Products do not contain any real cherries, real berries, or even extracts from those fruits. Nor do the Products derive their antioxidant…
A federal court in Illinois has dismissed a putative class action filed against a nutritional supplement company by a Muslim woman who alleged that the company misled consumers by failing to disclose that some of its products contain an animal-based product. Lateef v. Pharmavite LLC, No. 12-5611 (N.D. Ill., decided October 24, 2012). The court found the consumer-fraud claim preempted and determined that the named plaintiff lacked standing to rely on allegations relating to the company’s web-based advertising because she did not visit the Website before purchasing the product. The plaintiff also abandoned her federal law-based claim. According to the court, the plaintiff has dietary restrictions that prohibit her from eating certain animal-based food products such as pork. She allegedly purchased the defendant’s Nature Made® Vitamin D tablets after carefully reading the product label to ensure it did not contain animal byproducts. Her complaint alleges that the tablets were coated…
The U.S. Department of Agriculture’s National Organic Program (NOP) has issued an interim rule extending the use of nutrient vitamins and minerals in organic handling while the agency considers a proposal to renew their exemption (use) on the National List of Allowed and Prohibited Substances (National List) for another five years. According to a September 27, 2012, Federal Register notice, the Agricultural Marketing Service (AMS) previously published a proposed rule during its 2012 sunset review that recommended continuing the use of nutrient vitamins and minerals “as ingredients in or on processed products labeled as ‘organic’ or ‘made with organic (specified ingredients or food group(s))’” after their National List exemption expired on October 21, 2012. The proposed rule also sought to correct “an inaccurate cross-reference to U.S. Food and Drug Administration (FDA) regulations in the listing for vitamins and minerals on the National List.” The interim rule will allow handlers and…
Rumors that Denmark banned the sale of Marmite and other savory yeast extract spreads because they contain added vitamins have apparently given rise to online protests and calls to boycott iconic Danish brands such as Lego®. Media sources have reported that Marmite fans rallied on Facebook and other social media sites after hearing that the Danish Veterinary and Food Administration (DVFA) ordered the product off store shelves along with other fortified foods like Ovaltine and Vegemite. “Spread the word, but most importantly spread the Marmite,” wrote the founder of one Facebook page devoted to expat Marmite aficionados. “Let the rise of the Marmite army begin!” According to DVFA, however, authorities have not banned the spread but simply reiterated that foods with added vitamins, minerals or other substances cannot be marketed in Denmark without agency review and approval. “Products with food additives, vitamins and minerals claims in their marketing need to…
The Institute of Medicine (IOM) has issued a report revising the dietary reference intakes (DRIs) for vitamin D and calcium, while warning that “too much of these nutrients may be harmful.” At the request of the U.S. and Canadian governments, the IOM Food and Nutrition Board assessed more than 1,000 vitamin D and calcium studies related to a range of health outcomes, “including but not limited to cancer, cardiovascular disease and hypertension, diabetes and metabolic syndrome, falls, immune response, neuropsychological functioning, physical performance, preeclampsia, and reproductive outcomes.” Although evidence apparently substantiated “the importance of vitamin D and calcium in promoting bone growth and maintenance,” it did not confirm any “benefits beyond bone health—benefits often reported in the media.” The new DRIs provide nutrient guidelines based on estimated average requirements, recommended dietary allowances and upper level intakes for different age groups. According to IOM, “Most Americans and Canadians up to age…
