US company Martek Biosciences has been granted European novel food status for its microalgae-derived DHA oil.
The European Commission decision (C(2003)1790 of 5 June 2003) means that the company's docosahexaenoic acid (DHA) oil can be marketed in the European Community as a novel food ingredient for use in certain dairy products, including cheese and yoghurt, (but not milk-based drinks), spreads and dressings, breakfast cereals, food supplements and medical foods in the European Community.
Novel foods are foods and food ingredients that have not been used for human consumption to a significant degree in the EU before 15 May 1997. In order to protect consumer health, novel foods must undergo a safety assessment before being placed on the EU market.
Martek's DHA oil, produced in the company's Winchester, Kentucky facility, has been available in certain infant formulas in Europe since 1994, pre-dating the European Communities' requirement for Novel Food approval. The Commission's action refers specifically to the DHA oil produced by the former OmegaTech, acquired by Martek in April 2002, that is produced for use in food and beverage applications.
"The decision of the Commission of the European Communities opens sizeable market opportunities for Martek's DHA in European food products," said Henry Linsert, Jr., chairman and CEO of Martek.
Martek recently reported a 132 per cent increase in sales for the second quarter of 2003, driven primarily by its licence agreements with major infant formula makers in the US, who add the DHA oil to products for infant nutrition. The company will however be keen to expand use of the ingredient to functional foods.
Following the Commission's decision, Martek is also to make an additional milestone payment to the former OmegaTech shareholders and option holders holding contingent rights under an earnout feature of the April 2002 OmegaTech acquisition agreement.
The Commission also this week granted novel foods status to Noni juice, filed by another US company, Morinda. Noni juice comes from the Indian mulberry or morinda citrifolia that grows in Polynesia and other parts of South East Asia. The authorisation concerns the juice of the fruits as an ingredient to be used in pasteurised fruit drinks.