FTC takes broad action requiring companies to disclose when Instagram posts are ads

​REGULATORY
FTC takes broad action requiring companies to disclose when Instagram posts are ads
Nutraingredients-usa.com
​The Federal Trade Commission has sent 90 letters to brand holders and endorsers emphasizing the requirement to be forthright about business relationships on social media. The agency sent letters to dietary supplement companies, personal care brands and food and consumer goods companies. The letters focused on posted pictures of celebrities that did not disclose whether they were paid endorsers. Read more→

RETAIL
As Whole Foods faces more investor pressure, Mackey shakes up boardNew York Times, AustinInno
Facing growing pressure from restless shareholders, John Mackey, co-founder and CEO of Whole foods Market, is taking defensive actions to revive the company’s fortunes. This week, the company announced an overhaul of its board, replacing five directors, with former executives from companies such as Panera Bread, Best Buy, Foot Locker and Kohls, naming a new chairwoman, private equity executive Gabrielle Sulzberger, and bringing in a new CFO. Former Tulane University business school professor and entrepreneur John Elstrott had served as board chair since 2009. Read coverage:
Whole Foods pressured by restless investors, shakes up board→
Whole Foods replaces five board members and names new CFO→REGULATORY
Justice Department says Hi-Tech motion in DMAA case falls shortNaturalProductsINSIDER
The Justice Department says that a federal judge in Atlanta should deny a request by Hi-Tech Pharmaceuticals to vacate an order that the company’s supplements containing DMAA are adulterated. The department says Hi-Tech’s allegations fall far short of justifying such extraordinary relief. Read more→UNPA NEWS
Members'Retreat starts in less than two weeks! Registered? Got housing?
UNPA's 2017 Members' Retreat in Santa Fe, N.M., is less than two weeks away. Register today and learn about housing options at the UNPA website.

Why you should attend UNPA’s GMP training,June 27-28, in Provo, Utah—video on demand now!
Preview UNPA's June 27-28 GMP training session, taught by Larisa Pavlick, UNPA's VP, Global Regulatory & Compliance, in this short video presentation. Learn more about the program and why you should attend before your next FDA GMP inspection. This course will cover all aspects of the inspection, with a focus on the key elements of quality: identity, purity, strength and composition. VIEW VIDEO→

Register for these upcoming industry events
NEW! UNPA's "Beyond GMPs: Mastering the Key Elements of GMP Quality Before Your Next GMP Inspection or Audit," June 27-28, Provo, Utah

USP Dietary Supplement Stakeholder Forum, June 7, Rockville, Md.

Recently posted atunpa.com:
NEW! “Dietary Supplements: State of the Industry,” UNPA presentation at New Hope Network, April 26
Washington Update: FDA User fees; Health Savings Accounts, by Peter Reinecke and Patricia Knight, UNPA Senior Political Advisors(requires member log in)
"An Industry Perspective on Botanical Quality & Compliance," presentation at ICSB 2017 by Larisa Pavlick(log in)
2017 Expo West Members’ Meeting PPT (log in)
“New Dietary Ingredients: Enforcement” presentation at 2017 Expo West by Larisa Pavlick (log in)
The PPT presentations from NDI III: Roadmap to a Viable NDI Policy, UNPA member price: $295
Plus, updated industry events calendar,Member Memos (log in) and UNPA educational archives (log in).LEGISLATIVE
Industry discounts proposed N.Y. state legislation requiring supplements make a ‘no preapproval’ statementNaturalProductsINSDER
New York Assemblyman Brian Kavanagh has introduced a bill that would require certain information on dietary supplement labels and a disclosure that such products have not been preapproved by the federal government for effectiveness or safety. Industry groups are blasting the legislation, saying it is duplicative with current law and that there is no rationale for giving New York more authority over other states and the federal government. Read more→FINANCIALS
NuSkin delivers strong Q1 results; USANA Q1 sales up 6.2 percent; Natural Grocers same store sales down; GNC needs room to pay off loan; Herbalife shakes off settlement with strong Q1NuSkin Enterprises, USANA Health Sciences, Bloomberg.com,
Nutraingredients-usa.com
NuSkin Enterpises showed a 6 percent improvement for its 1Q17 with sales of $499.1 million. The company notes the results demonstrate progress on strategic priorities. USANA Health Sciences reported net sales of $255.3 million for its 1Q, an increase of 6.2 percent over the prior-year period. The company notes the results are in-line with its expectations, and it will remain focused on existing growth strategies. Reporting Q2 results, Natural Grocers noted net sales growth of 8.3 percent to $192.2 million and an increase of 8.9 percent for the first half of the year to $375.8 million, but the company also acknowledged that same store sales were down for the second fiscal quarter. Supplement retailer GNC wants three more years to pay off the $1.13 billion loan it took as part of a share repurchase plan that started in 2013. As it continues to face declining same-store sales,GNC has simplified its pricing and created a free membership option to help lure customers. Herbalife has shaken off the effects of the its settlement with FTC with relatively solid quarterly results that were welcomed by stock traders. The company reported a 1 percent overall rise in year-over-year sales for first quarter 2017, compared to a strong first quarter from last year. Read coverage:
NuSkin Enterprises reports first quarter 2017 results→
USANA Health Sciences reports first quarter financial results→
NaturalGrocers sames store sales fall for second fiscal quarter→
GNC struggles for breathing rooms on debt as retail loses muscle→
Herbalife shrugs off FTC, Ackman, boosts 2017 outlook→M&A ACTIVITY
Royal DSM announces equity investment in Amyris to establish long-term relationshipDSM
Bioscience company Amyris Inc. and Koninklijke DSM N.V. (Royal DSM) announced that they have agreed for DSM to make an equity investment in Amyris. The companies will also enter into a development cooperation focused on products for the global health and nutrition markets, including vitamins and other nutritional ingredients. Read more→CBD/HEMP
Large retailers, pharmacies wait for clarity on CBD regulationsNaturalProductsINSIDER
This linked-filled third article in a series on challenges facing CBD producers and marketers looks at concerns of retailers and pharmacies, which have largely stayed on the sidelines because of the conflict between state and federal regulation of the products. Pharmacies are not willing to risk a license by distributing CBD, and big retailers are waiting on the sidelines until the regulatory picture becomes clearer. Read more→INNOVATION
Liposomal delivery system added to new launches with enhanced bioavailabiltyNutritional Outlook
Quicksilver Scientific’s liposomal delivery system is featured in three new launches, including a liquid multivitamin, an energy supplement and a hemp CBD serum. The Lafayette, Colo.-based company says the delivery system can enhance bioavailability of products. Read more→SPORTS NUTRITION
Can sports nutrition beverages maintain strong growth over the long term?Nutrititional Outlook
America is running a serious deficit--in energy.Consumers are rushing to energy-boosting products, from shakes and shots to pills, powders, and packaged snacks. This is a marked departure from the past when such beverages were embraced by power lifters and party goers. New research suggests that the energy drinks category will continue to boom, but some category watchers wonder if it can sustain its broad appeal. Read more→GLOBAL REGULATORY
Book suggests EU harmonization of botanicals is a ‘waste of time’Nutraingredients.com
The European Commission is wasting the time of the botanical industryby trying to fix a “fairy tale” problem of harmonizing EU rules, according to Bert Schwitters, author ofHealth Claims Sensored, a book that criticizesEU health claims legislation. The move to harmonize comes amid a divergence of opinion between EU member states as to whether botanicals should be classified as medicines or foods and debate on the evidence needed for proof of safety. Read more→PROBIOTICS
Position paper recommends stronger quality controls for probioticsNutraingredients.com
Probiotics should have a more stringent quality control process to ensure that product content matches what is on the label, according to a new position paper from a group of probiotics and prebiotics experts in the European Society of Pediatric Gastroenterology, Hepatology and Nutrition. The authors note that there are currently inadequate controls on quality and specification and that data from the EU, Asia and U.S. have shown that what is on the product labels often doesn’t match what’s in the product. Read more→UNPA MEMBER & MOU PARTNER NEWS
Indena announces strategic agreement with U.K.-based HyrisNutraingredients-usa.com
Italy-based botanical ingredient supplier Indena has agreed to a strategic cooperation agreement with U.K. biotech company Hyris for developing new methods for genomic identification of botanical species. Indena says the joint development of specific identification methods, which can be used directly onsite at biomass collection sites, adds a pillar to its expertisein traceability of its supply chain, through genomic identification of plant materials. The Hyris platform offers the capability to performfull genetic analysis ofbiological samples in any kind of setting. Read more→

German court rules in favor of Sabinsa against German competitorSabinsa Corporation
A Trade Court in Frankfurt, Germany, has ruled in favor of Sabinsa Europe GmbHin a lawsuit against a German-based competitor for theft of proprietary customer lists, technical information and other data. The court found that a former Sabinsa employee had access to and stole Sabinsa Europe’s data and used that information for the personal benefit of himself as well as the German company. The court has ordered the competitor to cease and desist from using business and trade secrets belonging to Sabinsa. Read more→NSF introduces new protocol for 'raised without antibiotics' certificationNutraceuticals World
NSF has developed a new independentcertification protocol: Raised Without Antibiotics, ensuringthat animal products have been raised without this exposure. The new protocol will help consumers identify animal products that do not contribute to growth of antibiotic-resistant bacteria. Read more→

NCNPR’s Michael Smith receives NHP Research Society AwardNHP Research Society of Canada
The NHP Research Society of Canada has awarded natural health product policy and regulatory leader Michael Smith, Ph.D., with its 2017 Neil Tower Award, recognizing significant contributions to natural product research, regulation and commercialization in Canada and worldwide. Smith is an adjunct professor at the National Center for Natural Product Research at the University of Mississippi and serves as a consultant to UNPA member Natural Factors, as well as his role as an internationally recognized leader in supplement and natural products regulation, policy development and research. A trained pharmacist and licensed naturopathic physician, Smith has served on the Natural Health Products Directorate at Health Canada as well as the Assistant Secretary/Head of the Office of Complementary Medicine at the Therapeutic Goods Administration in Australia.MARKET RESEARCH
Study predicts strong growth for U.S. sports nutrition; Asian consumers show interest in personalized nutrition; three factors grow APAC’s active nutritionNutraingredients-usa.com, Nutraingredients-asia.com
New research from Euromonitor shows a 12 percent increase for the U.S. sports nutrition market, calling it another good year for the category. The research firm includes in its definition of sports nutrition, protein powder, bars and RTC products, as well as sports non-protein products that have a positioning to improve performance. One in three consumers in Asia are interested in personalized nutrition, according to recent findings from Herbalife’s Asia Pacific Balanced Nutrition Survey, which sought to understand health- and nutrition-related attitudes and habits of consumers aged 18 and above. Three main factors are driving growth in the protein and active nutrition space in Asia Pacific, according to research firm Frost and Sullivan. There is increasing interest in health and fitness, heart health concerns, and the growing consumer correlation with beauty and healthy eating. Read coverage:
Growth in all subcategories of sports nutrition, Euromonitor says→
Personalized nutrition gaining popularity among consumers in Asia Pacific→
The three main health factors powering protein and active nutrition in APAC→
RESEARCH
Study links D2, D3: polyphenols boost performance; gut influences autoimmunity; zinc lozenges shorten colds; phytosterols save health costsNutraingredients.com, Nutraingredients-usa.com, MyNewsDesk.com
A new study from Saudi Arabia may shed light on the differences in uptake of vitamin D variants, while also revealing absorption is higher in women than men, and two-weekly dose regimens are the most effective. A polyphenol-rich combination of extracts from grape, pomegranate and green tea may boost power and performance during high-intensity activity, says a new study funded by French company Fystexia and using its ingredient PerfLoad. Individual microbiomes may influence tendencies to autoimmune diseases and inflammatory conditions, including arthritis and fibromyalgia, according to a paper from the International Probiotics Association. Both zinc acetate and zinc gluconate lozenges are effective in shortening the duration of common colds, but zinc doses higher than 100 mg don’t appear to provide an additional boost, according to a meta-analysis published in theJournal of the Royal Society of Medicine Open. A new phytosterols study commissioned by Food Supplements Europe has found a savings of €5.3 billion could be generated by daily consumption of 1.7 grams of phytosterols by the millions of adults in the EU over age 55 with severe hypercholesterolemia. Read coverage:
Complex link between vitamin D2 and D3 supplementation→
Polyphenol-rich extracts may improve physical performance during exercise: RCT→
IPA Paper #2: Inflammatory Conditions→
Common cold cure: Zinc lozenges cut illness duration by a third→
Phytosterols study strengthens case for healthcare cost savings through supplementation→FDA WARNING LETTERS & GUIDANCES
Current FDA enforcement actions and guidancesKeep up to date on FDA’s current enforcement actions, including general warning letters, recall information and GMP compliance issues, with this link to FDA's website.Read more→