In early May, the EU Commission approved three Article 14 DHA claims related to children’s development and rejected one claim related to ARA/DHA and brain development in infants and young children.

As of May 26, the following three claims can be made on foods on the EU market:

1. Docosahexaenoic acid (DHA) intake contributes to the normal visual development of infants up to 12 months of age. (This is the claim that received so much attention in recent months, which the Global Organization for EPA and DHA Omega-3s, GOED, Salt Lake City, UT, reported on three separate times: March 16, April 1 and most recently, April 6.)

Conditions of use: Information shall be given to the consumer that the beneficial effect is obtained with a daily intake of 100 mg of DHA. When the claim is used on follow-on formula, the food shall contain at least 0.3% of the total fatty acids as DHA.

2. Docosahexaenoic acid (DHA) maternal intake contributes to the normal development of the eye of the fetus and breastfed infants.

Conditions of use: Information shall be given to pregnant and lactating women that the beneficial effect is obtained with a daily intake of 200 mg of DHA in addition to the recommended daily intake for omega 3 fatty acids for adults, i.e. 250 mg DHA and eicosapentaenoic acid (EPA). The claim can be used only for food, which provides a daily intake of at least 200 mg DHA.

3. Docosahexaenoic acid (DHA) maternal intake contributes to the normal brain development of the fetus and breastfed infants.

Conditions of use: Information shall be given to pregnant and lactating women that the beneficial effect is obtained with a daily intake of 200 mg of DHA in addition to the recommended daily intake for omega 3 fatty acids for adults, i.e. 250 mg DHA and EPA. The claim can be used only for food, which provides a daily intake of at least 200 mg DHA.

The health claim rejected by the Commission, “Docosahexaenoic acid (DHA) and arachidonic acid (ARA) contribute to the optimal brain development of infants and young children,” may be used for only the first 6 months after the entry into force (May 26, 2011) of this Regulation. This means by the end of November this year it will be illegal to use this health claim.