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FDA Finalizes Rule Prohibiting Certain Nutrient Content Claims for Omega-3 Fatty Acids

by Melvin S. Drozen
Keller and Heckman LLP - Washington Office

Alissa D. Jijon
Keller and Heckman LLP - Washington Office

Leslie T. Krasny
Keller and Heckman LLP - San Francisco Office

Richard F. Mann
Keller and Heckman LLP - Washington Office

Evangelia C. Pelonis
Keller and Heckman LLP - Washington Office

May 6, 2014

Previously published on May 1, 2014

On April 28, 2014, the Food and Drug Administration (FDA) published a final rule that will prohibit certain nutrient content claims for foods and dietary supplements containing the omega-3 fatty acids docosahexaenoic acid (DHA), eicosapentaenoic acid (EPA), and alpha-linolenic acid (ALA). As identified in the public comments regarding the proposed rule, a growing number of products, including seafood, pasta, eggs, fresh and shelf-stable milks, spoonable yogurts, yogurt drinks, fermented milk drinks, cheeses, butters, fat-based spreads, juices, juice smoothies, soy milks, packaged breads, meats from grass-fed animals, packaged meats, baby foods, chocolate confections, cooking oils, packaged soups, ice creams, nutritional bars, and frozen pizzas, may use these claims. In summary, FDA’s rule eliminates a number of proposed nutrient content claims for DHA, EPA, and ALA, but agrees to not take action against certain ALA nutrient content claims at this time.


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