Natural Products Insider

APR 2012

INSIDER is the leading information source for marketers, manufacturers and formulators of dietary supplements, healthy foods and cosmeceuticals. Since 1997, INSIDER has been serving the needs of the global nutrition industry.

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Lawsuits Heat Up Early Spring Abbey Spanier Rodd & Abrams LLP filed a class action lawsuit against General Nutrition Centers Inc. (GNC) and other retailers for selling Cellucor's C-4 Extreme, which the companies marketed as a dietary supplement, but the law firm said it actually contains the "wholly synthetic" ingredient 1,3 Dimethylamylamine (DMAA). The plaintiff alleges the defendants failed to disclose that the DMAA contained in C-4 Extreme is wholly synthetic, manufactured and not derived from the geranium plant. DMAA has been in the spotlight this year, with the military banning its sales in its commissaries and a California class action lawsuit that claims bodybuilding and weight management supplements from Florida-based BPI Sports contained undisclosed DMAA. USPLabs, which makes one of the most popular DMAA products (Jack3D) on the market, reported studies have shown it is derived naturally. "We have conducted some exciting studies at a highly respected U.S. laboratory," repor ted Jack Deschauer, spokesperson for USPLabs. The American Herbal Products Association (AHPA) has recently prohibited members from labeling the human-synthesized version of DMAA as a derivative of geranium oil or any part of the geranium plant. AHPA's board approved the trade requirement in August 2011, and it went into effect on Jan. 13, 2012. The Center for Science in the Public Interest (CSPI) threatened Amway with a class action lawsuit if the company continues to use "unsubstantiated nutrition and health benefits" claims for its NUTRILITE brand Fruits & Vegetables 2GO and Immunity Twist Tubes products. According to CSPI, labels for the Fruits & Vegetables 2GO product claim it represents two servings of fruits and vegetables and "contains the antioxidant equivalent of 2 servings." However, CSPI said the 10-milliliter tubes do not equal the same health benefits as real fruit or vegetables, which offer more than just antioxidants, including fiber and phytochemicals with potential benefits. CSPI fur ther said the Immunity Twist Tubes product claims it is an "immune system booster" that will "protect As long as 30 members of GOED adhere to the GOED voluntarily monograph, they will not be sued for prop 65 violations related to toxin limits for dietary supplements. your cel ls." The immuni ty claim is unlawful, according to CSPI, because i t implies the product wil l prevent disease. Also, CSPI noted both product lines contain the ar tificial sweetener sucralose, despite a print advertisement for Fruits & Vegetables 2GO that claims the product has no artificial ingredients. Despite CSPI's concerns, consumers r a te d NUTRI L ITE t h e i r f avo r i te multilevel marketing (MLM) brand in a recent ConsumerLab.com poll. Th e Global Organiz ation for EPA and DHA (GOED) negot iated a set tlement in Proposition 65 lawsuits brought against its member companies by two plaintiffs, Mateel Environmental Justice Foundation and FishOilSafety. com. As long as 30 members of GOED adhere to the GOED voluntary monograph, they will not be sued for Prop 65 violat ions related to toxin l imi ts for dietary supplements. Per GOED's monograph, total PCBs in a final product need to be below 0.09 mg/ kg, and the sum of dioxins, furans and dioxin-like PCBs needs to be below 5 pg/g. GOED mandates that by Dec. 31, 2012, the sum of dioxins, furans and dioxin-like PCBs will need to be below 3 pg/g. The agreement with FishOilSafety. com also requires GOED to per form te st in g of pro d u c t s pul l e d f rom California retail shelves as well as to incorporate the settlement's standards into the GOED Voluntary Monograph. 12 INSIDER ¥ APRIL 2012 IN THE NEWS

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