Shutdown could delay plans to block imports of fake organic products

​TOP STORY
Shutdown could delay plans to block imports of fake organic products
​The 2018 farm bill stipulated that USDA “develop and implement regulations to reduce the amount of fake organic food being imported,” but the U.S. government shutdown is officially stalling these plans. Laura Batcha, executive director of the Organic Trade Association, believes that the shutdown will push the new USDA rules from being implemented in 2019 to 2020. Read more→

UNPA NEWS
FSVP training: Less than a month away!
This course, Feb. 19-20, in Lehi, Utah, is designed to help participants understand the role of food importers under the Foreign Supplier Verification Programs (FSVP) rule, part of the Food Safety Modernization Act (FSMA). The training covers the FSVP requirements for dietary supplements, including for raw materials distributors, manufacturers and processors importing components and for those importing finished products from foreign suppliers.

Eurofins & UNPA present: Recent Updates in Dietary Supplements: A free 'Lunch & learn event'
Join us Friday, Feb. 1, in Lehi, Utah, to hear experts from UNPA and Eurofins Food Integrity & Innovation discuss recent regulatory changes and how they may impact the dietary supplement industry. Topics include updates on new nutritional labeling, NDI/GRAS for new ingredients and industry testing. Event is free with registration and lunch is provided!

RSVP for Expo West Members' Meeting and Open House, March 6
Save the date and RSVP for UNPA's annual Expo West Members' Meeting and Open House and Meet & Greet, Wednesday, March 6, from 8-10am, at the Anaheim Hilton & Towers Avalon Ballroom. No charge to attend and morning refreshments will be served!

REGULATORY
Own-label distributors of supplements still failing to produce product specifications
FDA continues to cite dietary supplement facilities for regulatory infractions related to establishing product specifications—and own-label distributors remain partly to blame. FDA has been targeting own-label distributors during inspections because they are ultimately responsible for the product reaching consumers.

Uniform compliance date for Nutrition Facts label set for January 2022
FDA announced Jan. 1, 2022, will be the uniform compliance date for final food labeling regulations that are issued in calendar years 2019 and 2020. All food products subject to the 2022 uniform compliance date must comply with the appropriate labeling regulations when initially introduced into interstate commerce on or after Jan. 1, 2022.

LEGAL
Patent case could set troubling precedent, attorney says
A patent infringement lawsuit making its way through the courts could have broad implications for the supplement industry, according to an attorney representing one of the parties. The suits pit Natural Alternatives International Inc. against Creative Compounds and concern several of NAI’s patents on its beta alanine dipeptide ingredient CarnoSyn, but may have implications for other ingredients regarding what they do and whether biological activity is patentable.

Court rules supplements can fend off structure/function claim challenges with preemptions arguments
For defendants in false advertising lawsuits, two recent decisions from the U.S. Court of Appeals for the Ninth Circuit prove the old adage—you win some, you lose some. While food and dietary supplement manufacturers got an invigorated preemption defense for structure/function claims in one case, they also received a reminder that they cannot avoid liability for false advertising in a second case.

HEMP/CBD
CBD isolates are off the menu for now, but what about hemp extracts? And should you mention CBD on pack?
CBD (cannabidiol) isolates are off the menu for food, beverage and supplement companies until FDA lays out some kind of regulatory pathway. But are ‘broad spectrum’ hemp extracts legal in all 50 states following the passage of the Farm Bill? And if you’re using a hemp extract, as opposed to isolated CBD, is it safe to put ‘CBD’ or ‘CBD-infused’ on the front of your label?

Oregon senators urge FDA commissioner to update regulations on CBD-containing products
Democratic Sens. Ron Wyden and Jeff Merkley of Oregon have sent a letter to FDA Commissioner Scott Gottlieb urging him to update federal regulations governing the use of hemp-derived cannabidiol (CBD) in foods, beverages and dietary supplements.

Cannabidiol storms high-end beauty biz
Looks like cannabidiol hemp oil, or CBD, is galloping into the luxury lanes. Lab to Beauty introduced its CBD Skin Care Collection in Barneys New York. And Neiman Marcus just announced that it is stocking seven different brands of CBD products as part of the new year’s Trending Beauty assortment.

State Senate committee to consider bill criminalizing use of CBD
A bill submitted by South Dakota’s Department of Health aims to put hemp-derived CBD products on the state’s controlled substance schedule—on par with drugs such as cocaine, heroin and marijuana. The committee recently heard testimony from citizens who oppose the classification, arguing that CBD products “help them or someone they know manage pain and chronic illness, often without the help of addictive opiates.”

MLMs
Herbalife highlights quality initiatives favorable to long-term trends at annual event
Long-term trends favor Herbalife’s business model and product suite, according to speakers at an annual meeting put on by the company that focused on the supply chain and quality initiatives.

RETAIL
The top 25 grocery chains with the most loyal shoppers in America
Brand-loyal consumers are hot commodities in the grocery world, and for good reason—these shoppers can bolster sales in a huge way. In this article, advertising platform inMarket found out which grocery chains inspired the most loyalty from customers in 2018.
 
MEDIA WATCH
Taking supplements in the new year? Beware of economic adulteration
This two-part series looks at both the benefits and downside of supplements in the weight-loss category. The first article is written by Jacqueline Jacques, ND, FTOS, senior VP of Medical Affairs for UNPA member Thorne Research. The second article, authored by UNPA's Larisa Pavlick, states that while supplements are regulated and subject to quality testing, it’s also important for consumers to pay attention and seek out reputable brands.

Experts find no validity in osteopathic group’s survey claims that supplements are of no use
A recent poll conducted by the American Osteopathic Association reached some surprising conclusions, which a spokesman for the group used to justify the case that supplement users are wasting their money. Industry stakeholders said some of the poll's results looked outlandish and threw the whole enterprise into doubt.

It’s pretty and pink and all over Instagram: But is today’s diet food good for you?
The global health and wellness industry is now worth well over $700 billion and has laudably propelled good-for-you movements, such as sustainable, organic farming practices and non-GMO ingredients to the forefront of every health-conscious consumer’s mind. But today’s product marketing and the “clean-eating” trend can be insidious on several fronts.

GLOBAL REGULATORY
Negative impact? Australian complementary healthcare practitioners reveal concerns over TGA reforms
Almost 60 percent of complementary healthcare practitioners in Australia think recent reforms by the Therapeutic Goods Administration (TGA) have had an adverse impact on the industry, according to the regulator's own stakeholder survey.

BOTANICALS
Herbalife: DNA botanical testing requirements differ depending on manufacturing stage
Current good manufacturing practices (cGMPs) require dietary supplement manufacturers to conduct at least one appropriate test to verify the identity of any component used in products. Identification and authentication of botanical materials and processed ingredients present challenges, however, due to close interspecies relationships and increased profile complexity, which can lead to misidentified or adulterated botanical materials.

POLICY
How regenerative agriculture supplements health
Pressure from consumers and regulators is changing how animal-derived supplements can be made in the United States.

New 'planetary health diet' to save lives and the planet, major review suggests
A team of scientists from across the globe has developed a diet that could stave off malnutrition and diet-related ailments while also reducing further damage to the planet. The diet recommends a 2,500 daily caloric intake, largely comprised of whole food and plant-based fare. The scientists outline five strategies to enable all people to follow the diet.

PRODUCT CLAIMS
Take these three steps to substantiate your dietary supplements claims
Supplement brands must make truthful claims—and have the research to back them up—to avoid trouble with FTC. Attorneys from law firm Sidley Austin LLP explain three steps to help ensure claims are lawful and properly substantiated.

COMMENTARY
More claims on herbal products now reflect responsible reference to science
As the dietary supplement industry evolves, most claims are now more aligned with the underlying science. But there is still a penumbra of outliers, with new offenders popping up by the day.

UNPA MEMBER NEWS
Nuritas and Pharmavite agree on an AI approach to ‘transform’ dietary supplementation
Nuritas and Pharmavite have entered into a partnership that uses artificial intelligence to discover bioactive peptides that promise a more targeted approach to dietary supplements. The agreement will apply Nutritas’ AI and DNA analysis to predict, unlock and validate bioactive peptide ingredients.

Health care is coming to the home, and companies should be prepared to offer vertical solutions, says Thorne CEO
Recently launched startup Onegevity is promising consumers one of the most “hyperpersonalized” services amongst the boom of at-home testing and personalized nutrition kits, according to its founder Paul Jacobson, who is also CEO of Thorne. The product, GutBio, sequences a users stool sample to collect personalized insights for managing and improving their gut health.

CANNABIS
Global interest in cannabis has governments, companies racing to dominate supply chain
The use of cannabis, from industrial hemp to recreational marijuana, is the hottest growth story in botanicals. In the global arena, questions surrounding supply-chain dominance are adding urgency to this opportunity.

TRENDS
Mushroom magic: Why the latest health trend might be on to something
Functional mushrooms, such as reishi, chaga, cordyceps and lion’s mane, are experiencing a well-earned moment in the spotlight. Mushrooms have been traditionally associated with medicinal properties for millennia, and a new wave of packaged goods offers consumers a better-tasting intro to the category than was previously available.

PET PRODUCTS
Where is the innovation in the pet supplement space?
Delivery systems and proprietary ingredients are the tip of the innovation spear for pet supplements (think cats and dogs), but nothing is hotter than one ingredient: CBD.

PACKAGING
Consumer pushback against plastic will spur manufacturers to see new packaging in 2019
The fast and furious dismissal of straws by food services and consumers in 2018 was only the beginning of the end for single-use plastic packaging, which analysts with Euromonitor International predict will accelerate in 2019.

MARKET RESEARCH
Food labels have positive but limited effect on consumer food choices
What effect do food labels have when consumers are deciding what to eat? An analysis of studies looked at how labeling on food packaging, point-of-sale materials and restaurant menus prompted consumers to eat fewer calories and fat, reduce their choice of unhealthy food options and eat more vegetables.

Analyst Take: Prebiotic supplements grow more than 100 percent in 2018
While prebiotic supplements still represent a small category ($96.1 million in 2018 sales, compared with probiotic supplement sales at $2 billion), the category represents a huge growth opportunity. Similarly, synbiotic supplements, formulas containing a blend of prebiotics and probiotics, represent a more established category with slower, but still notable growth.

Top takeaways from NBJ’s Global Supplement Business Report
Nutrition Business Journal's 2018 Global Supplement Business Report provides a collection of data tables and charts broken down by region and country, paired with insight from industry leaders. The report includes more than 100 data charts and 14 company profiles that will provide industry perspective and future insights.

RESEARCH
Microbiome is critical to food allergy responses, say researchers behind new milk-allergy study
Gut microbes from healthy infants can block the development of milk allergy in mice, according to new data that suggests the microbiome is critical to food allergies, and that modifying our gut bacteria could be a way to fight it.

Nutritional-habit change urged in pregnant women as omega-3 intakes are very low
Daily omega-3 fatty acid intake in pregnant women are 4 -10 times lower than recommended levels—an observation also noted in women of childbearing age, in findings that suggest no change in nutritional habits during this period.

Supplements vary in their effect on muscle mass and strength
There is little evidence supporting the use of some supplements, a review claims as it details proof pointing to their apparent ineffectiveness and links to adverse effects, according to a recent review in the European Journal of Nutrition.

Betain reduces inflammation in fat tissue and may improve fat metabolism, according to DuPont animal research
Using an in vivo obesity model with mice, researchers from DuPont Nutrition & Health in conjunction with the University of Eastern Finland were able to demonstrate that betaine (Betafin, part of the DuPont Danisco portfolio) enhanced metabolism in adipose tissue and reduced inflammation from a high-fat diet.

FDA WARNING LETTERS & GUIDANCES
Current FDA enforcement actions and guidances
​Keep 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.

Search and sign up for a variety of FDA Guidances.