This week’s big news across the global nutrition and supplements industries includes the U.S. Supreme Court’s decision to uphold the TikTok ban, the EU Ombudsman’s disappointing conclusion on probiotics and South Korea issues warnings over Garcinia cambogia for weight management.
USA: The impending TikTok ban and what it means for dietary supplement marketers
On Friday, the U.S. Supreme Court upheld the Protecting Americans from Foreign Adversary Controlled Applications Act. The legislation effectively bans TikTok from operating in the United States unless its parent company, ByteDance Ltd., divests its interests in the platform.
As reported by NutraIngredients-USA, the TikTok ban has immediate implications for U.S. businesses, including nutrition and supplement brands relying heavily on the platform’s unique algorithm and viral potential to market their products.
“The loss of TikTok Shop will likely be a significant blow, as brands relying on viral videos and relatively cost-efficient advertising campaigns will need to pivot to other platforms or look to more traditional retail routes,” Jennifer Adams, an attorney with Amin Wasserman Gurnani, told NutraIngredients-USA.
Adams also emphasized the compliance challenges ahead. “TikTok Shop is difficult for regulators to police from a compliance perspective, and therefore many brands felt more comfortable taking risks.”
As a result, she added, “companies changing advertising tactics may now be faced with more compliance scrutiny than they are used to.”
Europe: IPA laments Ombudsman’s conclusion on probiotics
The International Probiotics Association has expressed disappointment in a recent decision by the European Ombudsman to close its inquiry of the classification of “probiotics” within the EU, calling the result a “missed opportunity to clarify legal uncertainty and meet consumer demand.”
IPA Europe made an official request to the EU Ombudsman in December 2023 to examine how the European Commission addressed concerns about its stance on probiotic foods and supplements being systematically classified as health claims, which is based on a non-binding 2007 guidance.
The association sought clarification on the rationale behind this position and more specifically what factors support it beyond the 2001 Joint FAO/WHO Expert Consultation’s definition of probiotics. It should be stressed that 10 Member States already allow the use of the term “probiotics” on product labels.
The Ombudsman recently published its decision to close the case, reportedly finding no maladministration by the European Commission.
“This was a big, missed opportunity to reset the clocks in Europe,” said George Paraskevakos, executive director of IPA Global. “Establishing a more consistent and unified regulatory framework across Europe is essential in providing legal clarity, strengthening consumer protection, and allowing for continued innovation in the food sector.”
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South Korea: Warnings over Garcinia cambogia for weight management
South Korea’s Ministry of Food and Drug Safety (MFDS) said that extracts of Garcinia cambogia, a plant commonly used for weight management, can no longer be used in functional foods with other ingredients that similarly have body fat reduction functions.
Manufacturers of Garcinia cambogia products will also need to add the precaution statement “avoid consumption with functional health foods that reduce body fat”, according to an article on NutraIngredients-Asia.
The above precautions have been placed on Garcinia cambogia extract as a response to reports of adverse health events, including urticaria, abdominal pain and abnormalities in menstrual cycles.