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Another weight loss sales restriction bill falls victim to gubernatorial veto

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Gov. Hochul vetoed the bill shortly before Christmas.  She had not vetoed a bill all year until she had won reelection.  Since early November, however, she has vetoed more than 50 bills. According to the New York Post​, Gov. Hochul has been intent on vetoing bills that would cost the state money in order to save funds for her priorities, which include constructing more affordable housing, reforming juvenile incarceration and helping out group homes for the developmentally disabled that took hits during the pandemic.

Underlying assertion:  Supplement use worsens eating disorders

Among the vetoed bills was a measure titled New York State Assembly Bill A431-C.  The bill would have restricted the sale of muscle building and weight loss supplements to minors, requiring that brick and mortar retailers put such products behind the counter and require buyers to supply ID to prove their age.

The motivation for this and other similar bills, such as one vetoed in the fall by California Gov. Gavin Newsom, is the purported link between the use of such products and the worsening of eating disorders.

Opponents of the California and New York bills, and another similar one in New Jersey that is still pending, say that there is no evidence that the use of supplements is in any way linked to the worsening of eating disorders.  People suffering from eating disorders might in fact be using dietary supplements, but there is nothing to indicate causality there, advocates say.

It’s not clear at the moment exactly why Gov. Hochul vetoed the bill, but Dan Fabricant, PhD, head of the Natural Products Association, said he was under the impression that her reasons were similar to those voiced by Gov. Newsom when he handed down the veto in his state.

“I think it was similar to the concerns that Gov. Newsom had, which was, the state was not equipped to do this,”​ Fabricant told NutraIngredients-USA​.

Among the potential issues was that matter of definitions.  The bill would have required the state health department, on a case by case basis,  to start determining which products that were on the market should be subject to the restrictions.

“And all this would be done without any real science to start pulling things off the shelf,” ​Fabricant said.

CRN:  Bill would have burdened industry without helping eating disorder sufferers

Steve Mister, president and CEO of the Council for Responsible Nutrition, said while CRN is empathetic to those suffering from eating disorders, New York and other states should focus on proven ways to help them, and not disappear down regulatory rabbit holes.

“We are pleased Governor Hochul recognized that the proposal passed by the legislative chambers, while well intentioned, likely would not have much of an impact on the public health problem of increased eating disorders and body dysmorphia among young adults. It would impose an unfair burden on retailers that would be difficult for them to meet, but have little impact on products sold online, products that more often attract young people with aggressive claims,”​ he said.

“We consulted with Governor Hochul’s staff to provide scientific information on the safety and existing federal regulation of the affected products, along with information regarding the significant economic contributions that dietary supplement manufacturing and ingredient supply provides to New York. We appreciate that the Governor listened to these objections and vetoed the bill,”​ Mister added.

NPA:  No adverse events data exists to back claims of harm

Fabricant said one of the arguments NPA brought forward both in California and New York centered on the existing adverse event reporting system.  If there was truly a problem with the purported connection between supplements and eating disorders, at least some signal of that would be present in the system, he said.

“That system works.  Those are real data points that clinicians use.  This was not within the state’s purview, and FDA does a very good job of evaluating products on the market and removing those that have been shown to cause problems,”​ he said.

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Review calls for more studies on cinnamon and cognitive function

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“This systematic review revealed that cinnamon and its components (eugenol, cinnamic acid, cinnamaldehyde, etc.) could affect memory and learning by decreasing amyloid plaque in the hippocampus and phosphorylation of tau-protein,” wrote researchers from Birjand University of Medical Sciences in Iran.

They attribute these brain-boosting benefits to cinnamon’s antioxidant, anti-inflammatory and anticholinesterase activity as well as neurotrophic effect, neural maintenance and insulin signaling improvement.

Cinnamon and its compounds

Cinnamon, from the inner bark of evergreen trees belonging to the genus Cinnamomum​, has been used in herbal medicine for centuries from China to Egypt as remedy for respiratory, digestive and menstruation issues. Today, as supplement, it is also suggested as support for healthy glycemic response and blood pressure.

“Cinnamon is proven to have antioxidant properties and reduce inflammation through different pathways, such as the NF-kB pathway and reducing reactive oxygen species (ROS),” the researchers noted. They attribute the antiproliferative, anti-inflammatory and antioxidant effects to compounds including eugenol, cinnamic acid, cinnamaldehyde, syringic acid, tannins and catechins.

Cinnamon also contains a small amount of choline, an essential nutrient for the brain that produces the acetylcholine neurotransmitters, which in turn play a critical role in regulating memory, mood, muscle control and other functions.

Indications of potential brain benefits

The research team conducted a systematic review of 40 eligible studies selected from a total of 1,605 collected from the Web of Science, Google scholar, PubMed and Scopus databases between 2011 and 2021. They include five in vitro​ studies, 33 in vivo​ studies in rats, mice and the common fruit fly, and two clinical trials in adolescents and pre-diabetic older adults. 

“One clinical study on adolescents showed a positive effect on memory using cinnamon chewing gum for 40 days, while the other reported no significant changes in memory using cinnamon administered orally (single dose/2 g),” the study reported.

Among the in vitro and in vivo studies, 16 used the cinnamon extract/cinnamon powder, while others administered a variety of cinnamon bioactives. The researchers concluded that the main outcome of most studies proved that cinnamon significantly improves cognitive function i.e. memory and learning.

“In vivo studies showed that using cinnamon or its components, such as eugenol, cinnamaldehyde and cinnamic acid, could positively alter cognitive function,” they wrote. “In vitro studies also showed that adding cinnamon or cinnamaldehyde to a cell medium can reduce tau aggregation, amyloid β and increase cell viability.”

Tangled tau proteins are associated with a range of neurodegenerative diseases, while the pathology of Alzheimer’s disease appears to be driven the production and extracellular plaque deposits of amyloid β peptide.

Call for further study

Acknowledging limitations across the collection of varied studies, the researchers call for larger studies and more clinical trials to evaluate the effects in humans. 

“It is also beneficial that in vivo studies in this field propose the probable mechanism of cinnamon affecting the brain to specify the related pathways more precisely,” they added.

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Omega-3 supplements may be ‘most efficient’ way to support neonatal development, researchers say

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It was also reported that after supplementing with DHA, levels of maternal DHA increased in erythrocyte phospholipids, serum, and breast milk.

“Our results confirmed usage of ‘omega’ dietary supplements as an efficient way of increasing the availability of EPA and DHA for infants,” ​stated Warsaw, Poland-based researchers in Nutrients​.

Essential Fats

There are established recommendations for the intake of essential fatty acids (EFA) and long-chain polyunsaturated fatty acids (LC PUFAs) for pregnant women, due to the recognised importance to the mother and child’s health. It has been found that these types of fats can increase gestational period and birth weight, as well as support the development of the child, in terms of the central nervous system and cognitive function.

“LC PUFA, especially DHA, plays a pivotal role in the development of the central nervous system, visual acuity, and cognitive functions. It depends on the involvement in maintaining membrane fluidity, impulse propagation, synaptic transmission, and functioning as a cytosolic signal-transducing factors for various gene expression during the critical period of brain development, which seems to be last trimester and first few months after birth,​” the researchers explain.

Due to the importance of these types of fatty acids, the present study sought to first analyse the frequency of consumption of fat sources as well as ‘omega’ supplements in pregnant patients. Secondly, the researchers measured the n-3 and n-6 serum FA contents at the time of labour of the pregnant women and their children using the GC-FID technique, to investigate subsequent nutritional status. The efficacy as well as the usefulness of the ‘omega’ supplements were then established.

Study details

Patients from the Anna Mazowiecka Clinical Hospital, consisting of 161 pregnant women, were administered dietary questionnaires to obtain data indicating dietary fat consumption as well as omega-3 supplement usage. The fatty acid profile was then assessed by obtaining maternal and umbilical cord blood samples at delivery.

The results found that 40% of the women were taking ‘omega’ dietary supplements. It was observed that taking such supplements was found to significantly increase serum levels of DHA in the pregnant women, compared to those who were not supplementing.

Additionally, it was observed that the LC-PUFA could penetrate the umbilical cord, with the blood containing significantly increased levels of EPA and DHA. As a result, the researchers concluded that utilising these supplements could be the most efficient route to achieving optical LC-PUFA status for the developing child.

The future for recommendations

The present study provides evidence that omega-3 supplements appear to boost both maternal and infant LC-PUFA levels at a time of critical need for normal development of the child.

With the researcher’s highlighting the low intake of fish observed among the studied population, Kaitlin Roke, director of scientific communication at the Global Organisation for EPA and DHA Omega-3, tells NutraIngredients “This is common across many populations.

“If this is the case, a supplement containing DHA and/or EPA would be necessary, particularly for pregnant or breastfeeding women. Some pre- and post-natal supplements may contain omega-3s in combination with other nutrients, but the levels are rarely adequate. Typically, getting a higher concentration means looking for a separate omega-3 supplement in addition to a prenatal vitamin “.

The findings provide interesting insight into shaping the future of recommendations for pregnant women, with Roke adding “Since DHA plays such a critical role in infant brain and eye development, most recommendations are ~200mg of DHA per day, but this is too low, particularly for the benefit of reducing the risk of preterm birth.

“Science is constantly evolving, and this recommendation could be modified as more research is conducted. The important message is that pregnant and breastfeeding women need to get adequate amounts of DHA through food and/or supplements.”, ​she concludes, highlighting the relevance of such research.

Source: Nutrients
https://doi.org/10.3390/nu15010231
“Increased LC PUFA Levels in the Serum of Pregnant Women and Their Children as a Result of Dietary Supplementation with ‘Omega’ Fatty Acids”
Authors: M. Broś-Konopielko, et al.

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France to allow ‘probiotic’ on food supplements labels

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The use of the term across Europe has been contentious since European authorities view it is an implied healthy claim since the official FAO/WHO definition denotes a health claim: “Live microorganisms which when administered in adequate amounts confer a health benefit on the host”.

Despite such a stance, more European countries are moving to allow the use of the term, notably Spain, Denmark, Italy, Greece, Poland, the Czech Republic, the Netherlands, and Bulgaria.

In France, the term “probiotic” may be used on food supplement labels together with the wording “contributes to the balance of the intestinal flora”​ so long as products meet certain conditions, such as a minimum number of living cells per daily dose, a position that is similar to the situation in Italy.

The announcement was welcomed by a number of stakeholders in the probiotics space, with Rosanna Pecere, executive director of IPA Europe, stating: IPA together with IPA Europe working diligently in the European environment for probiotics, are happy to see the softening position for the use of the term, and also happy with the added use of the claim.”

George Paraskevakos, IPA Global’s executive director, added: “This initiative links to all the probiotic on-going work globally and segues nicely into the continuation of the harmonization proposal of probiotic regulations at Codex Alimentarius which is set to resume later this year.

“The European market has shown the biggest jump in growth from an online sales perspective in 2022, outstripping other region growth rates by close to 5% as reported by Ewa Hudson’s Lumina Intelligence. This further emphasises the thirst for probiotic products from consumers in Europe, and further underscores the importance of the work which IPA EU and IPA are conducting not only in Europe but also globally to promote quality, safety, and probiotics that provide benefits.

“We are hoping to see more countries in Europe to follow suit in the coming year,”​ said Paraskevakos.

Calls for harmonization

Adding his voice to the news, Dr Luis Gosálbez, Managing Director, Sandwalk Bioventures, said: “This is yet another important regulatory event for probiotics in Europe, which undoubtedly calls for an EU-wide regulation regarding the type of products in which the term may be used (ie. foods vs. food supplements vs. both), minimum CFUs per day and claims associated, as decisions made by individual Member States are not harmonized in these regards.”

Speaking at the 2022 Probiota conference in Copenhagen, Tanne Severin Holm of the Danish Veterinary and Food Administration, also called for more harmonization across the European bloc on the use of the term: “We still do not allow use for food, but we do allow it for food supplements,”​ she told attendees. “We are working to try and find a harmonised approach. Member states have different approaches, and the playing field has become disharmonised, but we feel an urgent need to find a unified approach.”

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