The omega-3 fatty acid nutrient content claim is based upon authoritative statements by the Institute of Medicine (IOM) of the National Academy of Sciences (NAS), and has been allowed under the notification provision established by the FDA Modernization Act of 1997 (FDAMA). The claim, now available for any product meeting the criteria set forth in the notification, is as follows:
- Excellent source claim for DHA and EPA in combination with a qualifying level of at least 32mg EPA and DHA combined RACC.
- All claims must contain “omega-3” before or after EPA and DHA. Excellent source claims such as “Excellent source of omega-3 EPA and DHA” must be accompanied by the following statement: “Contains [x] mf of EPA and DHA combined per serving, which is [x]% of the 160mg Daily Value for a combination of EPA and DHA.”
- General criteria for nutrient content claims must also be satisfied when using the claim.
Nutrient Content Claims
- Nutrient content claims, or descriptors like “Excellent source of omega-3 EPA and DHA” must meet the definitions in the authorization, and use the prescribed language for the claim.
- The required additional statement may be simple or complex but must be used in its entirety.
- Any use of an implied nutrient content claim means that the food must meet the definition and requirements for the defined claim that is implied.
If an excellent source claim is made for EPA or DHA alone, the nutrient content claim would be for 130mg/RACC. A second notification for a nutrient content claim for DHA from a non-fish oil source states an excellent source of DHA would be 32mg/RACC. The lowest excellent source claims for EPA and DHA alone are 32mg DHA and 130mg EPA.
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