UNITED NATURAL PRODUCT ALLIANCE

  • About
    • UNPA Members >
      • Executive Members
      • Science & Technology Services Members
      • Associate Members
      • Featured Member Profiles
    • MOU Partners
    • UNPA Staff >
      • National Staff
      • Political Advisors
    • Policies & Endorsements
    • Education and Training
    • Photo Galleries >
      • Members' Retreat 2019
      • China Delegation 2018
      • UNPA 2019 Staff Retreat
    • UNPA Headquarters
    • Testimonials
  • News
    • UNPA News
    • UNPA In the News
    • Media Releases
    • Member/MOU Partner News
    • Employment Opportunities
  • Member Resources
    • Regulatory Resources >
      • GMPs >
        • Regulatory Dietary Supplements
      • FSMA >
        • PCQI
        • FSVP
      • Organics
      • Labeling/Claims >
        • Nutrition Facts label
      • Guidelines/Best Practices >
        • Monographs
      • Links and Resources
      • Global >
        • Canada
    • Member Memos
    • UNPA Digest
    • UNPA Forums
    • UNPA Presentations
    • Expert Insights Webinars
    • Education Archive
    • Exclusive Member Offers
    • Member Logos
  • Events
    • UNPA Events & Training >
      • 2021 Training Schedule
    • 2020 DSRS Speakers
    • Industry Calendar of Events
  • Join
  • Media
  • For Consumers
    • About Dietary Supplements
    • Dietary Supplement Caucus
    • Dietary Supplement Caucus Members
    • Additional Resources >
      • Botanical Adulteration Prevention Program
      • Integrative Medicine
      • Industry Associations
      • Terms & Acronyms
  • Contact
  • About
    • UNPA Members >
      • Executive Members
      • Science & Technology Services Members
      • Associate Members
      • Featured Member Profiles
    • MOU Partners
    • UNPA Staff >
      • National Staff
      • Political Advisors
    • Policies & Endorsements
    • Education and Training
    • Photo Galleries >
      • Members' Retreat 2019
      • China Delegation 2018
      • UNPA 2019 Staff Retreat
    • UNPA Headquarters
    • Testimonials
  • News
    • UNPA News
    • UNPA In the News
    • Media Releases
    • Member/MOU Partner News
    • Employment Opportunities
  • Member Resources
    • Regulatory Resources >
      • GMPs >
        • Regulatory Dietary Supplements
      • FSMA >
        • PCQI
        • FSVP
      • Organics
      • Labeling/Claims >
        • Nutrition Facts label
      • Guidelines/Best Practices >
        • Monographs
      • Links and Resources
      • Global >
        • Canada
    • Member Memos
    • UNPA Digest
    • UNPA Forums
    • UNPA Presentations
    • Expert Insights Webinars
    • Education Archive
    • Exclusive Member Offers
    • Member Logos
  • Events
    • UNPA Events & Training >
      • 2021 Training Schedule
    • 2020 DSRS Speakers
    • Industry Calendar of Events
  • Join
  • Media
  • For Consumers
    • About Dietary Supplements
    • Dietary Supplement Caucus
    • Dietary Supplement Caucus Members
    • Additional Resources >
      • Botanical Adulteration Prevention Program
      • Integrative Medicine
      • Industry Associations
      • Terms & Acronyms
  • Contact

member memos

ITC dismisses Amarin omega-3 complaint

10/30/2017

 
​Dear Colleagues,

As a follow up to Loren’s Oct. 20 Member Memo on this subject, below is a note from GOED issued today, discussing the International Trade Commission’s decision to not institute an investigation into Amarin’s complaint re: its claim that a number of dietary supplement companies had been engaged in “unfair competition.” —Frank
ITC Dismisses Amarin Complaint
​
October 30: The United States International Trade Commission (ITC) has decided to not institute an investigation based on Amarin’s August 30 complaint “concerning certain synthetically produced, predominantly EPA omega-3 products in ethyl ester or re-esterified triglyceride form” and has dismissed the complaint.
 
According to the ITC, “Amarin’s complaint does not allege an unfair method of competition or an unfair act cognizable under 19 U.S.C. § 1337(a)(1)(A), as required by the statute and the Commission’s rules. The Commission notes that the Lanham Act allegations in this case are precluded by the Food, Drug and Cosmetic Act (FDCA). The Commission also notes that the Food and Drug Administration is charged with the administration of the FDCA.”
 
Most ITC complaints are instituted, but this was an unusual circumstance that involved asking the ITC to interpret the Food Drug and Cosmetic Act and the Commission clearly agreed that this is not within its purview. We do not expect this matter to completely disappear, but there is a very long history of omega-3 concentrates being sold as dietary supplements in the United States and we think that any reasonable authority will conclude that these are dietary ingredients authorized for sale in the US. It is important to note that the ITC, in its letter, stated that the sale of these concentrates as supplements does not create unfair competition and that the use in dietary supplements is clearly within FDA's jurisdiction.

GOED will continue to monitor the situation and provide more information as we receive it.

Comments are closed.
 © 2021 United Natural Products Alliance. All Rights Reserved.
Headquarters: 716 Fourth Avenue Salt Lake City, UT 84103
Mailing Address: 
6503 S Datura Street Littleton, CO 80120
801.474.2572 | info@unpa.com | homepage