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member memos

What Happens Next in Amarin's ITC Case & Other Stories

11/13/2017

 
​Dear Colleagues --

We forward the latest issue of the GOED Current which provides a lead report on the Amarin ITC decision, which is of great interest to many UNPA members. The rest of the content is also interesting and very informative.
We continue to encourage UNPA members with Omega 3 products to support GOED via membership and to consider attending the GOED Exchange coming up February 6-8, 2018 in Seattle. A further, more detailed, update on the Amarin case will be a key part of the program.

Larisa and I will be attending on behalf of UNPA and will also present a FSMA and regulatory update at the invitation of GOED.

Cordially,

LDI
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2017 November 13
As GOED previously reported, the US International Trade Commission (ITC) declined to open an investigation into the Amarin Corporation’s complaint that concentrated omega-3s being sold as dietary supplements creates unfair competition for its pharmaceutical product. GOED noted that it was unlikely that the ITC decision would be the end of the matter.

GOED continues to receive questions from members about what happens next in the case and whether the ITC will play a role going forward. Under ITC rules, complainants only have a statutory right to appeal final determinations, but since the ITC issued an initial agency determination, Amarin cannot appeal the ITC decision. This means that Amarin would have to pursue alternative strategies like filing a suit in a US District Court or petitioning the FDA to rule that concentrates are not dietary ingredients. In its third quarter earnings call last week, Amarin acknowledged that they had looked at multiple other options and noted that they are going to pursue other action and “will continue to aggressively defend [our] franchise in any way we can.”

Due to the level of interest in this matter, GOED has added a special session at GOED Exchange 2018 to provide an analysis of the situation. While details are still being finalized, the session will look at the historical use of concentrates and offer an analysis on future prospective activity. The session will take place Thursday afternoon, February 8th. Click here to register for the GOED Exchange.

The latest in GOED’s line of visual content pieces for consumers — an infographic focusing on omega-3s and prenatal health — is now available. The infographic is unique because it can be shared as a complete document with four sections or as four individual stand-alone images (as pictured below). This design was recommended by GOED’s PR agency to offer “snackable” sound bites that are easily shareable on social media. All individual images and the full pdf can be found here along with all GOED’s consumer infographics to date. Members are encouraged to share this info with customers and colleagues.


Additionally, GOED has updated its alwaysomega3s.com website to include all infographics in one place as well as GOED’s consumer videos. As we promote this infographic we will concentrating on driving traffic to our website to further educate consumers about the benefits of omega-3s.


Watch to meet UBM via its Brand Manager, Julien Bonvallet, who you can contact with any questions.

GOED's Executive Director Adam Ismail gives context to our list of companies working on omega-3 pharmaceutical products.

Please note that GOED does not analyze or make any representation of accuracy for the Omega-3 News items. This is simply a compilation of news articles found on the internet that are relevant to the EPA and DHA business.
Peru's Ministry of Production (PRODUCE) estimates that the second anchovy fishing season in the central and northern zone of the Peruvian coast could begin in late November.The industry is still awaiting results of the latest biomass survey, which is expected to end Sunday and will determine the quota for the season.

A report from the Changing Markets Foundation reviewed the international marketing of over 400 infant formulas made for babies under 12 months old by Nestlé, Danone, Mead Johnson Nutrition and Abbott and argued that much of the marketing was motivated by catering to consumer preferences for their children rather than by science-based facts about child nutrition.
Iceland's Ocean Cluster House, an innovation incubator for Icelandic startup companies, is looking for new business ideas from fish oil and other fish byproducts.

GOED member MBP Solutions has opened a new office in Northern Germany.
PLT Health Solutions, Inc. has received Non-GMO verification from the Non-GMO Project company for its élantria Algal DHA line of ingredients.

China's state FDA quality tested 55 batches of health food products and passed 53, including DHA-fortified rice noodles from Guangzhou-US Nutrition Co., Ltd.

The US NOAA's Annual Fisheries report states that US seafood consumption dipped slightly in 2016, saying that the average American ate 14.9 pounds of seafood — a decrease of 0.6 pounds from 2015's figures.

UK manufacturer Tom Oliver Nutrition has partnered with Apollo Group, India's largest healthcare provider, to stock Apollo's 2,600+ pharmacies with Tom Oliver's Omega 3 Herring Caviar supplement.
GOED member BASF has entered a distribution agreement with DIEM Labs to commercialize BASF’s first US medical food, specifically to manage the diets of patients with Non-Alcoholic Fatty Liver Disease (NAFLD), which commonly involves supplementation with Vitamin E and fish oil.

Oxford Biolabs has released its DRM4 Molecular Food Supplement for Skin. The combination omega-3 and multivitamin product is being marketed to consumers experiencing skin aging.

Eyecheck launched Pristene, its second in a line of eye health supplements, and its first containing EPA and DHA. Each serving contains 420 mg of EPA and 840 mg of DHA.
GOED member Aker Biomarine's promotional video, directed by award winning Norwegian director Per-Olav Sørensen, has generated more than 40,000 views on the company's webpage.

GOED member Dow AgroSciences received a reward for its agricultural R&D pipeline, part of which includes Dow's development of a genetically modified omega-3 seed oil.

USANA launched new marketing of its Biomega fish oil supplements for Spanish-speaking consumers.
Dariush Mozaffarian, M.D., Dr.P.H. has agreed to serve as principal investigator on the Phase 3 development program of GOED member Neptune / Acasti's CaPre.

Dr. John C. Lantis and Dr. Lee C. Rogerts are joining the scientific advisory board of Kerecis, the company using fish skin to heal human wounds and tissue damage.
GOED wants to let members know we will be attending the Food Ingredients Europe trade show,November 28-30. We do not have a stand at the show but if members are interested in meeting with us, they can contact us to set up a meeting.
GOED member Blackmores' sales in China have grown 28% in the last quarter compared to the corresponding period last year. The company specifically referred to the success of its DHA-fortified Pregnancy & Breastfeeding Gold product in October. The company's CEO also hinted that the firm may make its way into selling nutrition tests and other value-added nutrition services.

GOED member DSM's Q3 nutrition sales increased 7% from the same period in 2016 toUS$7.51 billion.

GOED member Hain Celestial's 2018 Q1 sales grew 4% from the same period last year to US$708.3 million.

GOED member Camanchaca reported profits of US$21.2 million between January and September of 2017, 34% higher than in the same period in 2016, which was US$15.8 million.

The trustee appointed by a New York court to carry out the December auction of China Fishery Group, the partial owner of a great deal of Peruvian anchovy interests, said that the process is whittling down to a handful of "very active" bidders.

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