11.01.11
According to the Global Organization for EPA and DHA Omega-3s (GOED), Salt Lake City, UT, a class action lawsuit has been filed against Dean Foods and White Wave Foods for structure-function claims on the companies’ Horizon Organic Milk with DHA-Omega-3 product. The suit, filed in California, alleges “Violation of the Unfair Competition Law, Violation of the Consumers Legal Remedies Act and Breach of Express Warranty” because the structure-function claim on the product, “DHA Omega-3 Supports Brain Health [in children & adults],” is “false, misleading and reasonably likely to deceive the public.”
According to the lawsuit, GOED said, the defendants do not have “competent and reliable scientific evidence to support their brain health representation” and “clinical cause and effect studies have found no causative link between DHA algal oil supplementation and brain health.”
“This is an interesting assertion given the 2010 positive opinion from the often criticized European Food Safety Authority (EFSA) Panel on Dietetic Products, Nutrition and Allergies Panel on the health claim ‘DHA contributes to the maintenance of normal brain function,’” GOED commented. “By the end of this calendar year, the claim will be permitted for use in the EU.”
While GOED acknowledged that these are different jurisdictions, it insisted the EFSA review was a rigorous process that considered the totality of evidence in the area. Further, the organization said, EFSA has also noted that DHA is a structural component of the brain and must be consumed in the diet.
“Interestingly, the plaintiffs point out that ‘the DHA in the Defendants’ milk products is not derived from fish oil,’ which it refers to as a long chain omega 3 fatty acid typically found in cold water fish. Rather, the DHA is ‘an immature short-chain omega 3 fatty acid made from an extract of mutated and fermented algae,’” GOED said. “The document goes on to say that DHA algal oil does not support brain health, especially in the relatively small amount found in a serving (32 mg).”
According to the lawsuit, GOED said, the defendants do not have “competent and reliable scientific evidence to support their brain health representation” and “clinical cause and effect studies have found no causative link between DHA algal oil supplementation and brain health.”
“This is an interesting assertion given the 2010 positive opinion from the often criticized European Food Safety Authority (EFSA) Panel on Dietetic Products, Nutrition and Allergies Panel on the health claim ‘DHA contributes to the maintenance of normal brain function,’” GOED commented. “By the end of this calendar year, the claim will be permitted for use in the EU.”
While GOED acknowledged that these are different jurisdictions, it insisted the EFSA review was a rigorous process that considered the totality of evidence in the area. Further, the organization said, EFSA has also noted that DHA is a structural component of the brain and must be consumed in the diet.
“Interestingly, the plaintiffs point out that ‘the DHA in the Defendants’ milk products is not derived from fish oil,’ which it refers to as a long chain omega 3 fatty acid typically found in cold water fish. Rather, the DHA is ‘an immature short-chain omega 3 fatty acid made from an extract of mutated and fermented algae,’” GOED said. “The document goes on to say that DHA algal oil does not support brain health, especially in the relatively small amount found in a serving (32 mg).”
