03.01.12
Bringing two years of work by the Salt Lake City, UT-based Global Organization for EPA and DHA Omega-3 (GOED) to a close, a settlement was approved and entered in the California Superior Court on February 1 between 30 GOED member companies and the Mateel Environmental Justice Foundation. The settlement, which denies any previous liability and resolves any questions about it, gives these companies operating certainty around Proposition 65 limits for dioxins, furans, PCBs and dioxin-like PCBs.
In addition, GOED previously reached an agreement with Chris Manthey and Benson Chiles, founders of FishOilSafety.com, assuring that these plaintiffs will not start any new lawsuits against GOED member companies whose products meet the settlement’s standards. The agreement also requires GOED to perform testing of product pulled from California retail shelves as well as incorporate the settlement’s standards into the GOED Voluntary Monograph.
The settlement’s PCB standards are similar to what already exists in the GOED Monograph but now reflect the fact that California’s regulatory level applies to the sum of all PCBs rather than just a subset of marker PCBs, a position forcefully asserted by the California Attorney General’s office. GOED also validated that the settlement’s standards were not prohibitive for the industry through membership surveys, literature searches and consulting labs with extensive expertise in omega 3 product testing. To avoid triggering Prop 65 warning requirements in California, consumer products also need to make sure that total exposure of PCBs from the labeled dosage is less than 0.09 mg (90 ng).
In other news, GOED noted the Standing Committee on the Food Chain and Animal Health (SCOFCAH) has voted to adopt a Commission Regulation authorizing a list of Article 13 health claims that includes several omega 3 claims. Specifically, GOED said, the claims in question and conditions of use include:
• “DHA contributes to the maintenance of normal brain function.” Conditions of use of claim: The claim may be used only for food which contains at least 40 mg of DHA per 100 grams and per 100 kcal. In order to bear the claim, information shall be given to the consumer that the beneficial effect is obtained with a daily intake of 250 mg of DHA.
• “DHA contributes to the maintenance of normal vision.” Conditions of use of claim: The claim may be used only for food which contains at least 40 mg of DHA per 100 grams and per 100 kcal. In order to bear the claim, information shall be given to the consumer that the beneficial effect is obtained with a daily intake of 250 mg of DHA.
• “EPA and DHA contribute to the normal function of the heart.” Conditions of use of claim: The claim may be used only for food which is at least a source of EPA and DHA; 40 mg of the sum of EPA and DHA per 100 grams and per 100 kcal. In order to bear the claim, information shall be given to the consumer that the beneficial effect is obtained with a daily intake of 250 mg of EPA and DHA.
GOED noted the regulation is now subject to a three-month review by the European Parliament and the Council of Ministers. The regulation will enter into force on the 20th day after its publication in the Official Journal of the European Union and will apply from six months after the date of entry into force. GOED will be monitoring what happens during the Parliamentary scrutiny period.
In addition, GOED previously reached an agreement with Chris Manthey and Benson Chiles, founders of FishOilSafety.com, assuring that these plaintiffs will not start any new lawsuits against GOED member companies whose products meet the settlement’s standards. The agreement also requires GOED to perform testing of product pulled from California retail shelves as well as incorporate the settlement’s standards into the GOED Voluntary Monograph.
The settlement’s PCB standards are similar to what already exists in the GOED Monograph but now reflect the fact that California’s regulatory level applies to the sum of all PCBs rather than just a subset of marker PCBs, a position forcefully asserted by the California Attorney General’s office. GOED also validated that the settlement’s standards were not prohibitive for the industry through membership surveys, literature searches and consulting labs with extensive expertise in omega 3 product testing. To avoid triggering Prop 65 warning requirements in California, consumer products also need to make sure that total exposure of PCBs from the labeled dosage is less than 0.09 mg (90 ng).
In other news, GOED noted the Standing Committee on the Food Chain and Animal Health (SCOFCAH) has voted to adopt a Commission Regulation authorizing a list of Article 13 health claims that includes several omega 3 claims. Specifically, GOED said, the claims in question and conditions of use include:
• “DHA contributes to the maintenance of normal brain function.” Conditions of use of claim: The claim may be used only for food which contains at least 40 mg of DHA per 100 grams and per 100 kcal. In order to bear the claim, information shall be given to the consumer that the beneficial effect is obtained with a daily intake of 250 mg of DHA.
• “DHA contributes to the maintenance of normal vision.” Conditions of use of claim: The claim may be used only for food which contains at least 40 mg of DHA per 100 grams and per 100 kcal. In order to bear the claim, information shall be given to the consumer that the beneficial effect is obtained with a daily intake of 250 mg of DHA.
• “EPA and DHA contribute to the normal function of the heart.” Conditions of use of claim: The claim may be used only for food which is at least a source of EPA and DHA; 40 mg of the sum of EPA and DHA per 100 grams and per 100 kcal. In order to bear the claim, information shall be given to the consumer that the beneficial effect is obtained with a daily intake of 250 mg of EPA and DHA.
GOED noted the regulation is now subject to a three-month review by the European Parliament and the Council of Ministers. The regulation will enter into force on the 20th day after its publication in the Official Journal of the European Union and will apply from six months after the date of entry into force. GOED will be monitoring what happens during the Parliamentary scrutiny period.