According to ConsumerLab.com, many of the probiotic supplements it tested contained far less of the amount of viable organisms advertised, due, primarily, to the death of the purportedly beneficial organisms after manufacture. Some companies apparently qualify their claims of cell amounts by stating “at the time of manufacture” on product labels. ConsumerLab’s president was quoted as saying, “It’s shocking how many products really don’t have what they claim on their labels. The buyer has to be careful.” Those promoting probiotics reportedly claim that 1 billion organisms will provide some benefit for digestion and some infections, so those products starting with tens of billions of live cells likely have the minimum amount deemed necessary by the time of consumption.

At least one company responded to the study by claiming that its marketing, which includes the qualifier, is not deceptive. According to the company that makes Nature’s Secret Ultimate Probiotics®, which was found to contain just 13 percent of the live organisms claimed, a large percentage of live cultures begins to die in the first six months of shelf life. A company spokesperson suggested that the significant die off that ConsumerLab found might be attributable to shipping and storage conditions. See PRWeb and Newsweek, November 16, 2009.

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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