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2007-11 FDA rejects nutrient content claims for some foods containing omega 3 fatty acids The Food and Drug Administration (FDA) has proposed a rule to prohibit nutrient health claims from appearing on the food labels of certain foods containing omega 3 fatty acids. According to the FDA, some omega-3 containing foods do not meet the criteria for nutrient content claims as set out in the Federal Food, Drug and Cosmetic Act. The issue did surface further to three notifications submitted to the FDA concerning nutrient content claims for alpha-linolenic acid (ALA), docosahexaenoic acid (DHA) and eicosapentaenoic acid (EPA). Upon review of these notifications, the FDA is proposing to ban nutrient content claims for DHA and EPA. Current regulations require that all claims for DHA and EPA must contain an authoritative statement that identifies a nutrient level to which the claims refer - a statement noticeably absent in these notifications. The FDA is also refusing to sanction the ALA claims set forth in the seafood processors’ notifications. As a nutrient content claim associated with Daily Values, ALA claims are required to be presented for easy interpretation with respect to daily diet; however, with no standard methodology in place to determine daily value, the ALA claims in the seafood processors’ notification do not adhere to this requirement. No regulatory action has been proposed for the ALA nutrient content claims in the Martek notification. If the proposed rule is accepted, the FDA has recommended that the Martek claims remain on the market. For more information, please consult the Federal Register of November 27, 2007 |
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