The action states a number of omega-3 products exceed limits for polychlorinated biphenyl (PCB) established under California’s Proposition 65 rules and demands compensation for consumers of $2500 per person exposed to the PCB-containing products.
It also requests the companies cited, including Solgar, Pharmavite and Omega Protein, cease making the products in question.
The action can be found here.
Following on from comments from trade groups last week, individual companies have now stepped up to distance themselves from the cited companies and emphasise the quality standards of their products.
Cognis Nutrition & Health moved to reassure customers and stated that it is not a current supplier of fish oil to any of the retail manufacturers cited in the lawsuit.
“Cognis’ Omevital omega-3 ingredients are produced with unsurpassed safety standards that meet national as well as worldwide quality markers,” said Jeff Naese, Omevital Regional Product Manager, Cognis Nutrition & Health
“Omega-3 fish oils enjoy a strong foundation of health benefits supported by solid scientific research and safety evidence generated by international experts for several decades. When our customers purchase Omevital omega-3 fish oil they can continue to do so with confidence,” added Naese.
Xsto Solutions has stated that, in addition to the standard tests found on the typical certificate of analysis, it also submits each lot to analysis at an independent laboratory for 187 discrete pesticides/fungicides, 17 separate dioxins, 17 unique hydrocarbons and 11 different PCB’s.
“Xsto’S experience in preparing manufacturers for rigorous quality assurance testing pays off when the entire industry is challenged as we have recently seen. As a raw material supplier, Xsto and our manufacturing partner Brudy Technology have chosen to bear an extraordinary and significant expense of testing for possible contaminants” stated Francis Foley, President of Xsto.
Further along the chain, Salt Lake City-based Schiff Nutrition has moved to assure consumers by claiming that it routinely tests its products for purity, potency, microbiological contamination, and heavy metal contamination.
The company said it also requires its raw material suppliers, including suppliers of fish oil, to certify that their materials meet or exceed specifications
"Schiff knows that recent press reports have alarmed consumers and raised concerns about PCB contamination in fish oil supplements,” said Dr Luke Bucci, Schiff’s VP of Research. “It's important for consumers to know that Schiff's fish oil supplements meet established safety rules and guidelines such as California's Proposition 65.”
Update
The Global Organization for EPA and DHA Omega-3 (GOED) will provide an update on the Proposition 65 fish Oil lawsuit and offer a question & answer session during SupplyExpo/Natural Products Expo West. Hosted by Adam Ismail, GOED’s Executive Director, and Dr Harry Rice, GOED’s Director of Regulatory and Scientific Affairs the event will take place on March 13, 2010 between 4:30 and 5 pm Pacific Time at the Social Networking Lounge, Booth #257.