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February 2017
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PROBIOTIC
SCIENCE &
Innovation
The research, market and regulatory
pathways that fuel advances
in beneficial bacteria
CONTENTS
Vol. 7, No. 4 February 2017
naturalproductsinsider.com
p.3 Viewpoint:
Probiotic Powerhouses p.34
p.40
p.23
Leaders and Trends in Intellectual
Probiotics Future in Sports Nutrition Property: Probiotics
Melissa DellaBartolomea, NutraScience Labs, explains
Probiotic patents and trademarks are on the rise,
why probiotics are catching the attention of athletes.
explains attorneys Andreas Baltatzis and Gideon
Eckhouse, KramerAmado PC.
p.25
p.44
Probiotics for IBS
Sabinsas Anurag Pande describes how probiotic therapy
can alleviate symptoms associated with Irritable bowel Fostering A Culture of Responsibility
syndrome (IBS). Andrea Wong, Ph.D., Council for Responsible
Nutrition (CRN) explains key elements of new
probiotic guidelines devloped by CRN and the
p.28 International Probiotics Association (IPA).
p.31 p.47
Probiotic Powerhouses
At the time of writing this viewpoint, Forbes is in the middle of a
series on launching a probiotic product. Readers get a first-hand look
at what a brand goes through during this process.
Now, I just have to raise capital, figure out how to get a probiotic
manufactured, create branding and packaging, get the retailers on
board before they reset their probiotic category in eight months, figure
out an online strategy and come up with a simple but effective way of
making sure consumers understand the innovation. Plus about 80 other things, the
author, Afif Ghannoum, wrote in the second installment.
Its an interesting series, but my guess is that most of the folks reading this know at
least part of what Ghannoum is going through. The probiotic category is booming, as
Monica Feldman from the Nicholas Hall Group notes on page 34 of this Digital Magazine.
But its not an easy category to enter.
The science backing these beneficial microorganisms is solid, but that doesnt
automatically mean all probiotic products are backed by solid science. Different strains
affect the bodys gut differently and thus, impart different healthy effects. Then, the issue
of proper manufacturing must be addressed; these are living organisms after all, who
often dont survive processing, shelf life or stomach conditions. Once those are secured,
a brand needs to ensure its following the proper regulations, which can be difficult when
laws are interpreted differently by different stakeholders. It can be overwhelming.
INSIDER is here to help.
This Digital Magazine will help probiotic product brands understand the emerging
science, the testing requirements, the market data and the regulatory landscape that
make up the probiotic product category.
Forbes, as a consumer publication with a strong reputation, could have chosen any
product to follow in its series. But it chose a probiotic product. Probably because the
consumer interest is so high, along with the hurdles brands face. Id take that as a sign
that probiotic brands are on the right path to success.
As soon as this Digital Magazine posts to INSIDER, Ill be sending the link to
Ghannoum. Id love to help another start up. Perhaps hell also be able to make it to
Ingredient Marketplace this year, where many of the writers in the Digital Magazine will be
speaking at Probiotic Marketplace, a day-and-a-half event on April 18 and 19. Probiotics
Marketplace is produced with the International Probiotics Association (IPA), the premier
underwriter is Nutraceutix, and additional support is provided by BIO-CAT, Sabinsa
Corp., Unique Biotech and Viva 5 Corp.
Sandy Almendarez
Editor in Chief
(480) 281-6745
sandy.almendarez@informa.com
@sandyalmendarez
OPTI-BIOME Bacillus subtilis MB40 is a naturally occurring, non-GMO probiotic that will withstand extreme
temperatures and survive product preparation steps like extrusion and baking. Manufactured in a GMP certified US
facility and proven safe by clinical study, OPTI-BIOME Bacillus subtilis MB40 can be incorporated to preserve your
label claims without overformulation or refrigeration required.
Contact BIO-CAT Microbials to learn how OPTI-BIOME Bacillus subtilis MB40 can be cost-effectively
included in a wide array of dietary supplements and food products.
Manufactured by
877.959.7490 | www.bcmicrobials.com
BIO-CAT Microbials is an affiliate of BIO-CAT, the industry leader in custom blending enzyme technology.
Ingredients
INSIDER's Take
Research shows different strains of Applications for probiotic delivery Manufacturers should consider
probiotics can help with digestion, methods can vary from supplements formulation challenges from the
womens health, immunity and to functional foods and beverages. survivability of a probiotic to the
sports nutrition. tableting process.
Probiotics have exploded onto the market due to the wide range of health
benefits they offer consumers, from supporting the digestive system internally to
benefitting skin health outwardly. Knowing which strains target which areas of health can
help companies market probiotic products. It is important to explore the research on
different strains of probiotics since they affect different areas of health.
According to Global Market Insights Inc., the probiotic market size is predicted to
exceed US$64 billion by 2023. Applications for probiotic delivery methods vary,
but supplements and functional food and beverages are popular choices
for consumers to achieve a healthy gut microbiome.
Probiotics are live microorganisms comprised of bacteria and
yeast that live primarily in the gut. These microorganisms help
regulate healthy bacteria. Popular strains of probiotics include
Bifidobacterium and Lactobacillus, which can be found in the
digestive, urinary and genital systems.
Two of the most widely known and characterized bacterial
strains are Bacillus coagulans (earlier known as Lactobacillus
sporogenes) and Lactobacillus acidophilus, said Shaheen Majeed,
marketing director, Sabinsa. These two strains are found in the
According to Global
digestive, urinary and genital systems naturally as well as in fermented Market Insights Inc., the
foods, such as yogurt and dietary supplements.
probiotic market
Probiotics are measured as colony forming units (CFUs), which size is predicted to exceed
determine how much of the bacteria can divide into colonies. Another US$64 billion
standard for measuring probiotics is through viable, but non-culturable, by 2023.
cells (VBNCs). At times, a probiotic ingredient can contain up to 50
percent VBNCs. The total count of viable probiotic cells equals CFUs
plus VBNCs. Counting CFUs has been the standard measurementbut it does not count
all efficacious cells. VBNCs are not measured via plating, which only detects cells that are
happy enough to form colonies in that specific media environment, said Alexis Collins,
director of scientific affairs, Pharmachem Laboratories Inc.
BIO -tract
DELIVERS
and/or yeasts, but their health benefits are determined by the kind of microorganisms
they contain (identified by their genus, species and strain level, as potential of different
bacterial strains differs, even within the same species) and the sort of benefits they
provide, Majeed said.
LQIRRGV
LQOLTXLGV
Ingredients
References:
1. Berggren A et al. Randomised, double-blind and placebo-controlled study using new probiotic lactobacilli for strengthening
the body immune defence against viral infections. Eur J Nutr. 2011;50(3):203-210.
2. Drago et al. Immunomodulatory Effects of Lactobacillus salivarius LS01 and Bifidobacterium breve BR03, Alone and
in Combination, on Peripheral Blood Mononuclear Cells of Allergic Asthmatics. Allergy Asthma Immunol Res. 2015
Jul;7(4):409-13.
3. Kimmel M et al. A Controlled Clinical Trial to Evaluate the Effect of GanedenBC30 on Immunological Markers.
Methods and Findings in Experimental and Clinical Pharmacology. 2010;32(2):129-132.
4. Sudha R et al. Effects of Supplementation of Probiotic Bacillus coagulans (ATCC PTA-11748) on Hypercholesterolemia
Subjects: A Clinical Study. International Journal of Probiotics and Prebiotics. May 2011;6(2):89-94.
5. Sudha R et al. Clinical Study of Bacillus coagulans Unique IS2 (ATCC PTA-11748) in the Treatment of Patients
with Bacterial Vaginosis. Indian Journal of Microbiology. 2012;52(3):396-9.
6. Hoppe M et al.Probiotic strain Lactobacillus plantarum 299v increases iron absorption from an iron-supplemented
fruit drink: a double-isotope cross-over single-blind study in women of reproductive age. Br J Nutr. 2015;114(8):1195-202.
7. Krag A et al. Profermin is Efficacious in Patients with Active Ulcerative Colitis-A Randomized Controlled Trial.
Inflamm Bowel Dis. 2013;19(12):2584-92.
8. Ducrott P, Sawant P, Jayanthi V. Clinical trial: Lactobacillus plantarum 299v (DSM 9843) improves
symptoms of irritable bowel syndrome. World J Gastroenterol. 2012;18(30):4012-4018.
9. Andersson H et al. Oral administration of Lactobacillus plantarum 299v reduces cortisol levels in human saliva
during examination induced stress: A randomized, double-blind controlled trial. International Journal of Microbiology. 2016.
Article ID 8469018.
10. Jager R et al. Probiotic Streptococcus thermophilus FP4 and Bifidobacterium breve BR03 Supplementation Attenuates
Performance and Range-of-Motion Decrements Following Muscle Damaging Exercise.Nutrients. 2016;8(10):642; DOI:10.3390/
nu810064.
11. Pakdaman et al. The effects of the DDS-1 strain of lactobacillus on symptomatic relief for lactose intolerance - a randomized,
double-blind, placebo-controlled, crossover clinical trial. Nutrition Journal. 2016;15:56. DOI:10.1186/s12937-016-0172-y
12. Drago L et al. Effects of Lactobacillus salivarius LS01 (DSM 22775) treatment on adult atopic dermatitis: a randomized
placebo-controlled study. Int J Immunopathol Pharmacol. 2011 Oct-Dec;24(4):1037-48.
IN THIS ISSUE Ingredients p.5 Sports Nutrition p.23 Table of Contents p.2
1. 2.
Choose from the tabs to access When youre ready, click the
resources such as whitepapers, Request for Proposal button
ingredient information, to receive more information
research and videos. directly from the company.
April 18-20
Expo Hall April 19-20
Orlando World Center Marriott
Underwriters
TM
In some of these products, the bacteria are killed during processing. This happens in
the process of baking or when the product is exposed to heat. In the case of aged
cheese, bacteria die with time.
Probiotic bacteria are effective only when they are alive and consumed in adequate
quantity. Consumers therefore need to look at the label of products at the time of
purchase. It is best to consume the product within the indicated shelf life of the probiotic
bacteria. The number of live CFUs in the product should also be consistent to the daily
need of an individual.
Gut bacteria are passed out of the body daily in the stool. To benefit from probiotic
bacteria, a daily serving must be consumed. A dose of 10 billion CFUs is often seen in
probiotic supplements and pharmaceutical products.
Sudhir Ahluwalia is a business consultant. He has been management consulting head of Tata Consultancy
Services, an IT outsourcing company in Asia, business advisor to multiple companies, columnist and author of an
upcoming book on herbs, Holy Herbs. He has also been a member of the Indian Forest Service.
References
1. Meyre D et al. Comment on: Valette et al. Melanocortin-4 receptor mutations and polymorphisms do not affect weight loss
after bariatric surgery. PLOS ONE 2012; 7(11):E48221. PLoS One. 2014 Mar 31;9(3):e93324. DOI: 10.1371/journal.
pone.0093324.
2. Rokana N. Modulation of intestinal barrier function to ameliorate Salmonella infection in mice by oral administration of
fermented milks produced with Lactobacillus plantarum MTCC 5690 - a probiotic strain of Indian gut origin. J Med Microbiol.
2016 Dec;65(12):1482-1493. DOI: 10.1099/jmm.0.000366.
3. Das S, Gupta P, Das R. Efficacy and Safety of Saccharomyces boulardii in Acute Rotavirus Diarrhea: Double Blind Randomized
Controlled Trial from a Developing Country. J Trop Pediatr. 2016 Dec;62(6):464-470. Epub 2016 Jun 9.
4. Hilton E et al. Efficacy of Lactobacillus GG as a Diarrheal Preventive in Travelers. J Travel Med. 1997 Mar 1;4(1):41-43.
5. Hassan S, udomov M. Probiotics as Dietary Supplements for Eradication of Helicobacter pylori Infection in Children: A Role
Beyond Infection. Children (Basel). 2016 Nov 10;3(4). pii: E27
6. Kligler B, Cohrssen A. Probiotics. Am Fam Physician. 2008 Nov 1;78(9):1073-8.
IN THIS ISSUE Digestion p.18 Irritable Bowel Syndrome p.25 Table of Contents p.2
Melissa DellaBartolomea is a content marketing specialist for NutraScience Labs. Based in Farmingdale, New
York, NutraScience Labs is dedicated to providing companies and brand owners with excellent customer service
and a full suite of dietary supplement manufacturing capabilities
While using the word probiotics to describe beneficial bacteria that impart
health benefits is relatively new, these bacteria themselves have been around for
millenniapeople recognized the health benefits of bacteria in fermented foods as far
back as 6000 B.C. and possibly even earlier. Almost all major civilizations have a history
of using beneficial bacteria in foods such as sour milk, kimchi, yogurt and sauerkraut.
lie Metchnikoff, a Russian scientist, is often credited as the father of modern
probiotics. His studies related to normalizing bowel movements and health by replacing
the putrefactive bacteria with lactic acid, which created the foundation of probiotic use in
the management of gut health. In his book The Prolongation of Life: Optimistic Studies,
he noted the potential of lactic acid bacteria (LAB) in increasing the life cycle.
Today, probiotics have carved a space as functional foods and health supplements.
The probiotic industry has achieved a 6-percent, five-year compound annual growth rate
(CAGR), and is expected to reach US$36 billion globally in 2018, according to BCC
Research. Sales growth in the last few years has paralleled our understanding on the
human microbiomethe collection of microorganisms living in association with the
human bodyand the effect of probiotics on the microbiome.
The Human Microbiome Project was initiated in 2008 by the U.S. National Institutes
of Health (NIH) to identify and characterize the microorganisms living in the human
body, both those healthy and diseased. While the biomass of the bacterial cells residing
in the human body may form only 1 to 3 percent of the mass of a human body, these
cells can outnumber the human cells by 10 times. These cells play an important role in
the maintenance of our health, and changes in the microbiome are often related to
disease conditions.
IN THIS ISSUE Sports Nutrition p.23 Bacillus Probiotics p.28 Table of Contents p.2
Probiotics are used by people for a variety of reasons including maintaining a healthy
gut, supplementing the gut microbiota with healthy bacteria, alleviating symptoms related
to gastric disturbances such as travelers diarrhea, constipation, abdominal discomfort
and other gut health-related conditions.
One of the most intriguing gut health conditions is irritable bowel syndrome (IBS),
which affects millions around the world, in both developed and developing countries. It
presents a gut condition, the causes of which are multifactorial in naturealterations in
gut motility, micro inflammation and visceral hypersensitivity, resulting in abdominal
discomfort, bowel dismotility such as diarrhea, inflammation, latent or potential celiac
disease and neurotransmitter imbalance. Some of these factors lend themselves to
probiotic therapy to alleviate conditions related to IBS. However, the choice of
species and strain must be carefully considered.
Although probiotics are often thought of as being equivalent, different species and
different strains (even in the same species) may not have the same benefits. One of the
important aspects of probiotic therapy is the survival of bacteria. Harsh conditions
encountered during the formulation, long shelf storage and low pH in the stomach may all
negatively affect the therapeutic benefit of a bacteria. Spore-forming lactic
acid producing bacteria (SFLAB) overcome these hurdles and offer an
alternative to provide probiotic therapy in a clinically effective dosage.
Spore-forming bacteria have brought a revolutionary change in
probiotic delivery, allowing formulations such as soft chews, gummies
and chewables to deliver adequate number of bacteria in the dietary
supplements in forms that increase consumer compliance. Moreover, with FDA GRAS
status, spore forming probiotics are now available to be formulated in a variety of food
format products such as chocolates, protein shakes, dry yogurts, ice creams and
confectionary items.
Probiotics Marketplace
TM
In a clinical setting, the spore forming Bacillus coagulans MTCC 5856 (as LactoSpore,
from Sabinsa) was used as an adjuvant to standard therapy in patients suffering from IBS
type D. Probiotic dosage of 2 billion colony forming units (CFUs)/serving was administered
once daily to IBS patients for 12 weeks in a randomized, double-blind, placebo-controlled
clinical trial (Nutr J. 2016 Feb 27;15:21). Results showed improvement in clinical symptoms of
bloating, vomiting, abdominal pain, diarrhea and stool frequency. The researchers concluded
B. coagulans MTCC 5856 can be safely consumed by IBS patients to alleviate numerous
symptoms and as a potential agent in management of diarrhea-predominant IBS.
Anurag Pande, Ph.D., has been with Sabinsas sister company, Sami Labs, since 2004 in a research capacity,
and spent several years at Sabinsa Japans Tokyo office as senior technical manager. Today, Dr. Pande works
from Sabinsas corporate headquarters in East Windsor, New Jersey. Pande holds a doctorate in phytochemistry
from RML Awadh University, Faizabad, India, and has both a masters and a bachelors from Lucknow University,
India. He is the author of several trade and peer reviewed publications. In his current capacity, Pande helps with
technical marketing, delivers talks on various health benefits, provides regulatory support of Sabinsas portfolio of
ingredients, as well as closely working with customers to help them develop new products and formulations.
IN THIS ISSUE Irritable Bowel Syndrome p.25 Lab Insights p.31 Table of Contents p.2
address specific issues and follow protocols that result in clearly defined results.
Research must continue to explore the strains that address various ailments.
The genus of bacteria known as Bacillus offers beneficial bacteria that is synergistic
with the common strains of lactobacilli and bifidobacteria, and has a natural stability and
a range of metabolites (including enzymes) that they produce. These properties make
Bacillus a valuable addition to the toolbox of probiotics that can potentially address health
issues. One strain of this genus, Bacillus subtilis MB40 (from BIO-CAT Microbials) has
been shown in clinical trials to improve digestive health. It also holds promise in other
areas such as heart health and pathogen reduction through competitive inhibition.
MB40 has been successfully tested in two clinical trials for safety, digestive health
and improvement in overall wellbeing. In an unpublished trial of 29 individuals, no adverse
effects were reported after 30 days of consuming MB40. Patients reported more than
70 initial digestive ailments when starting the trial, but those were reduced to fewer than
20 ailments after 30 days. In 21 of the 29 study subjects, decreases in serum triglycerides
from initial readings to conclusion of the trial were measured. This indicated the potential
for MB40 to aid in improving key factors in cardiac health.
In this trial, glucose levels were unchanged in any of the patients, suggesting the
potential for MB40 to aid in controlled breakdown of carbohydrates and the reduction of
blood glucose level spikes. MB40 also produced a wide variety of enzymes in vitro. The
scope of enzymes produced may indicate MB40s ability to aid in digestion for patients
sensitive to certain food groups such as specific proteins or carbohydrates. The data
from this trial is currently in process to be published in a peer-reviewed journal.
A second, larger ongoing clinical trial (100 individuals in a double-blind study) has
assessed bloating as a primary endpoint coupled with nine secondary outcomes. This
trial is scheduled to conclude in March 2017, but early results showed no adverse effects
were reported, and all patients who completed the trial reported significant decreases in
bloating, overall improvement in digestive health and decreases in symptoms.
Probiotics Marketplace
TM
Future research will also focus on probiotic and enzyme combination in functional
foods. Imagine pairing the best long distance runners (probiotics) that can compete with
bad bacteria and produce metabolites that enhance health with the best sprinters
(enzymes) that work to break down organic materials immediately in the digestive tract to
provide nutrition to the body and feed the probiotics. And imagine a probiotic that can
modulate triglycerides combined with a lipase enzyme that can break down dietary
triglycerides so effectively that the triglyceride cannot be reformed in the blood system.
These realities are being researched and will become part of the dialogue as to how
health can be enhanced with probiotics in the future.
Chris Penet is vice president at BIO-CAT, where he oversees the strategic planning, research and
regulatory departments. Prior to BIO-CAT, he had a 20-year tenure with Genencor International (now
DuPont), holding several positions including global industry manager for the Food and Specialty
Enzymes business unit. Penet earned his masters degree in food science from the University of
Georgia and holds several patents in enzyme applications. He serves on the Virginia Biotechnology
Association Board of Directors, the Strategic Planning Committee for the Enzyme Technical Association
and is a member of the Biotechnology Division of the Institute of Food Technologists.
Steve Lamb, Ph.D., earned his doctorate degree in microbial biochemistry from the University of
Wisconsin in 1974. For the past 40 years, he has worked in research and development for various
companies in the chemical, pharmaceutical and food industries. Lamb worked at Genencor International
(now DuPont) for more than 12 years, optimizing production processes for enzyme-producing microbes.
For the last seven years at BIO-CAT Microbials, he has worked to develop proprietary Bacillus-based
solutions for crop and animal agriculture, bio-remediation and waste treatment applications.
INSIDER's Take
Determining the correct assay to The equipment that tests probiotics Probiotics can introduce an unwanted
establish probiotic colony forming units is specialized and requires detailed spread of bacteria to an environment,
(CFUs) is complicated and requires sterilization and possible care for so labs need to take extra precaution to
consideration of strain type(s). freeze-dried products. control contamination.
Good bacteria in probiotics are defined by the World Health Organization (WHO)
as live microorganisms which when administered in adequate amounts, confer a health
benefit on the host. When testing live organisms, manufacturers must go beyond
showing how many mg or the quantity included in the product. Measureable quantity
comes from knowing the total viable count or colony forming units (CFUs) of the probiotic
material. The health benefit comes from the live bacteria, so counting the CFUs is critical
to determining the potency of the product.
In January 2017, the Council for Responsible Nutrition (CRN) and the International
Probiotics Association (IPA) finalized Best Practice Guidelines for Probiotics, and
presented a Citizen Petition to FDA to reword the 21CFR101, subpart C to require
quantitative amounts of probiotics be listed in CFUs instead of mg weights.
Since the industry has officially decided CFUs will be the quantifier for potency, how
do we then decide which test method is the best? Probiotic manufacturers have
methods that are specific to their raw materials; the dairy industry has methods
available from several sources, including the International Dairy Federation; and the
Food Chemical Codex (FCC) recently added several probiotic monographs to their
compendia, as well. But, most of these available testing methods are for single-strain
raw materials and are complex pour plate methods, which could have 20 to 30 percent
results variability in terms of repeatability and reproducibility. Having methods from
compendia sources such as the FCC helps level the playing field where the same strain
type can be compared regardless of the manufacturer.
Unfortunately, a blended strain product may not have one ideal testing method, and
deciding on a method may be complicated. A good starting point is to review the
individual strain methods and look for overlapping testing. Additionally, the testing lab
may need to attempt several probiotic methods and perform method development before
exact testing can be determined.
If determining the method wasnt complicated enough, performing the testing presents
challenges. All probiotic methods require specialized equipment, specific agars and
broths to perform the testing. And, these methods require sterilized glassware with
multiple dilutions and incubation time to get to a final countable area of 25 to 300 colonies
per plate. Each specific method could have steps for heating using an ultrasonic bath or
IN THIS ISSUE Bacillus Probiotics p.28 Market Data p.34 Table of Contents p.2
stomacher to break the spores of probiotics with spore forming bacteria. For other
probiotic material, stomaching and rehydration steps may be needed for freeze-dried
probiotics. Its important to realize not every testing lab is set up for this type of
specialized testing.
Another challenge is to control the microbiology lab environment. Typically, in a
microbiology lab, the samples being tested have low plate counts. The air and
environment remain clean and are monitored for contamination. When a lab decides to
start testing probiotic material, this introduces a known contaminant to this clean
environment. Even though probiotics are good bacteria, they could pollute a clean
environment, and precautions must be taken to ensure other samples are not exposed to
these high plate count bacteria. Since probiotics are designed to have high counts in the
millions, or even billions, of CFU/g, proper sample handling, cleaning of all surfaces and
using ultraviolet light or other air cleaning techniques after plating are important. The air
quality must be kept at the highest standard to ensure a clean environment for other
routine microbiology testing. Because of these challenges, working with probiotics in a
separate section of the lab and at separate plating times is often required to
avoid contamination of other samples in the lab.
using flow cytometry technology quantitative methods. This study demonstrated the large
testing variability can be reduced, along with showing impressive precision and accuracy.
This technology-based testing shortens the results reporting time by removing the
incubation steps that the pour plate methods use. In the future, flow cytometry methods
and other equipment-based methods may give alternative ways to quantify lactic acid
bacteria and probiotics. In the meantime, before these equipment methods are realized,
the industry will continue to use agars, media and large dilutions schemes to quantify the
CFUs for probiotic potencies.
What does this mean for probiotic product testing? It means manufacturers must be
careful which lab they choose to test their products. They need to research and ask the
right questions when deciding who will be tasked with determining the quality of
products. Choosing a lab that is accustomed to handling probiotic material and
performing specialized testing can take the stress out of making sure a product meets
the label claim today and in the future as alternate methods continue to evolve.
Tammy Blakemore is general manager at SORA Labs, a third-party dietary supplement testing lab that specializes
in enzyme testing.
Market Opportunities
for Probiotics Supplements by Monica Feldman
INSIDER's Take
The market for probiotic supplements New successful probiotic products At-home microbiome testing could be
is strong in the United States, up 17 focus on specific demographics, the next evolution that drives probiotic
percent in 2015 from 2011s retail include other types of ingredients or products as consumers focus on
market. use fun delivery systems. personalized nutrition.
2,500
2,000
$ Millions MSP
1,500
1,000
500
-
2011 2012 2013 2014 2015
USA Rest of the World
* Over-the-counter
Source: Nicholas Hall Group of Companies
The high degree of liberalization of the probiotic supplement market in the United States
results in a fragmented marketplace where only a few top brands, such as Culturelle,
ReNew Life, Align, Phillips Colon Health and Digestive Advantage, accounted for a
combined value share of 33 percent in 2015. An intense competitive landscape promotes
strong investment not only in the innovation of strains, but also in formulation, delivery forms
and packaging that companies are using to stand apart from the competition.
IN THIS ISSUE Lab Insights p.31 New Dietary Ingredients p.37 Table of Contents p.2
Probiotic Marketplace
TM
Physician brands continue to gain momentum among consumers who seek the
endorsement of the health care professional, especially given the conflicting information
available by the media about the quality and proven health claims of supplements.
Interestingly, physician brands are leaving their confined sales at the office to extend into
other channels such as the internet via vendors such as Amazon or direct-to-consumer
(DTC) online. In fact, DTC brands are challenging the traditional pattern of shopping for
probiotics away from the pharmacy. Firms selling premium or exclusive probiotics, or
those designing clever social media campaigns to reach out and sell to consumers have
become successful in generating sales from an emergent generation of consumers highly
connected to digital platforms for shopping.
Looking ahead, the advent of at-home microbiome testing is generating curiosity and
disrupting the marketplace. uBiome, for example, offers DNA-sequenced microbiome
screening to help consumers understand the status of their health as related to their
lifestyle, other people, and time progression. Obviously, this development can open a
door for the personalization of probiotic supplementation that can potentially generate
another channel of revenue for firms. Projections from Nicholas Hall Group of Companies
reveal probiotic supplements will reach a retail value of US$1.3 billion in 2020, up
44 percent from 2015.
Monica Feldman is the global director of client services at Nicholas Hall & Co. Her past 25 years of experience
include executive marketing positions and consulting work at leading multinational companies, consulting firms
and trade organizations. She has been a speaker at major consumer health events, and is regularly quoted in
leading trade press. Feldman is an active international advocate in business trade expansion for the life sciences
and wellness industries. She works with other thought leaders and members of academia to further opportunities
in consumer health. Monica holds a masters of business administration in international marketing and finance
from DePaul University in Chicago and is a member of the Advisory Council at the Buck Institute for Research on Ageing.
INSIDER's Take
The updated new dietary ingredient The chemical alteration provision Notifying FDA is a complex process, but
draft guidance poses concerns for brings questions of fermentation, since a quality, comprehensive submission is
probiotic supplement brands due to the a change in medium may not change likely to be accepted by FDA, bringing
unique nature of beneficial bacteria. the composition of the probiotic. competitive advantage.
In August 2016, FDA released its revised draft guidance Dietary Supplements:
New Dietary Ingredient Notifications and Related Issues: Guidance for Industry. The draft
guidance is intended to help companies decide whether a substance is a new dietary
ingredient (NDI), to outline the process for deciding if something requires a new dietary
ingredient notification (NDIN), and to provide an overview of the procedures for
submitting an NDIN.
While the draft guidance applies to all dietary ingredients, such as vitamins, minerals,
botanicals, amino acids and more, some provisions are particularly important for
probiotic ingredients. Understanding the document, including the best strategies to
submitting NDINs if needed, will be key to business going forward.
The International Probiotics Association (IPA), a probiotic industry trade association,
submitted comments to FDA on the draft guidance. IPA applauded FDA for proposals
such as allowing master files and creating an official list a grandfathered ingredients.
IPA offered to provide FDA with a list of genera and species known to have a long, safe
history of use in foods, and then establish criteria that would bring a strain belonging to
these genera and species to be listed.
However, IPA expressed concerns about parts of the draft guidance that would have
particular ramifications, given the unique nature of probiotic ingredients.
IN THIS ISSUE Market Data p.34 Intellectual Property p.40 Table of Contents p.2
of these ingredients with another does not chemically alter or change the genetic
composition or identification of a probiotic strain. It simply provides the same building
blocks of nutrients required for the cells to grow. Consider a change in diet; modifying a
persons diet does not render a change in genetic composition or identity of that person.
Challenge: Each Species a Separate Ingredient
The draft guidance also said: FDA considers each strain of a bacterial or yeast
species to be a separate ingredient. That has been FDAs longstanding position. IPA
supports individually identifying each strain and evaluating its safety, as well as
determining whether the notification requirement should be made at the strain level.
However, once the identification and safety evaluations have been conducted, IPAs
position is that if the strain belongs to those genera and species that have long history of
useeither in dietary supplements prior to DSHEA in the United States, or in foods,
anywhere in the world at any timethey should be exempt from the notification
requirement, unless genetically modified.
While those are only some of the concerns IPA has about the draft guidance, when
the final guidance is released, the probiotic sector, like all sectors, will be affected. FDA
can choose to regulate probiotics like they do all other dietary ingredients, which will
likely lead to substantial regulatory hurdles (including the filing of repetitive NDINs by
probiotic companies), or FDA may recognize the unique nature of probiotic ingredients
and modify the guidance accordingly.
Opportunities
The NDIN requirement is law. The draft guidance represents FDAs attempt to inform
the industry on how it thinks the law should be interpreted. Regardless of the document
being finalized, the law requires NDINs be submitted. Will FDA enforce more actions for
not filing an NDIN? Only time will tell.
Probiotic Marketplace
TM
If a company determines an ingredient requires an NDIN, why not file one? While filing
an NDIN that will not be rejected by FDA is easier said than done, it may not be as
difficult as some believe. For those willing to go through the process, it may not only give
a company peace of mind that it will not be subject to FDA enforcement, it could give it a
competitive advantage.
Submitting an NDIN is an intensive process that requires the submission of all types of
data. However, the draft guidelines provide a roadmap on what they should contain.
While it is true a large percentage of NDINs are rejected by FDA (since DSHEA was
passed, three out of every four NDINs have been objected to by FDA), a closer look
shows many of them lacked essential information. High-quality, data-rich submissions
certainly have a higher than average acceptance rate.
Filing an FDA-accepted NDIN for a probiotic ingredient can be a door opener. It can
reassure potential customers about the safety and compliance of the ingredient and,
therefore, its finished products. And even if FDA rejects the notification in the first round, it
may highlight gaps in an ingredients safety dossier that ultimately will help protect the
company once the gaps are filled.
Probiotics as dietary ingredients pose unique opportunities and challenges generally,
so it is not surprising many of their NDI-related issues are complex. Carefully following
FDAs, IPAs and other stakeholders statements and actions in this area will be critical to
the probiotic industrys future. Stay informed and get involved.
Ivan Wasserman is a partner in the Washington DC office of Amin Talati Upadhye LLP. Wassermans practice
covers health, wellness, beauty and other consumer products, and he represents companies of all sizes.
Frequently cited by the media as a legal authority, Wasserman advocates for clients subject to the jurisdictions
of FDA and FTC. He also regularly represents companies before the National Advertising Division (NAD) and the
Electronic Retailing Self-Regulation Program (ERSP). He has been included in Best Lawyers in America from
2007 to 2017.
With a background in both biology and chemistry, Amit Sharma advises on laws and related legal strategies for
companies in the food, beverage, supplement, drug and cosmetic industries. Sharma, as associate at Amin Talati
Upadhye, primarily helps clients with compliance and disputes before FDA, FTC, USDA, NAD and U.S. Customs.
Amit also reviews product labels and packaging for compliance and advises on claim substantiation for websites
and other advertising platforms such as social media, print, radio, television and Internet.
Every day seems to bring exciting research about the important role of probiotics
in human health. Consumers are seeking probiotics not only for digestive health, but also
for improved immunity, womens health, brain function, oral health and better skin.
IN THIS ISSUE New Dietary Ingredients p.37 Self-Regulation p.44 Table of Contents p.2
Application Leaders
Sanzhu Fuer Pharmaceutical
Shaanxi Univ. of Sci. and Tech.
Mars
Hu Anran
Zhejiang Univ.
Bright Dairy & Food
Jiangnan Univ.
Jinshanmei Biotechnology
Alimentary Health
Beijing Dabeinong Tech.
MJN US Holdings
Nanchang Univ.
CHR Hansen
Procter & Gamble
DuPont/DuPont Nutrition Biosciences
Healming Health Science
LOreal
Nestec/Nestle
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A review of the occurrence of common terms found in probiotic trademarks show very
few keywords occurred with any significant frequency. This suggests probiotic product
manufacturers are creative in branding their products. While it might be beneficial to
include in a product name the common terms for their ingredients (e.g., acidophilus or
lactobacillus), such names are generally not available for trademark protection.
144
Common Terms in Probiotic Trademarks
91
80 70
67
26
19 19 14 14
14 13 12 12 9
Probiotic Bio Health Nature/ Nutrition/ Gut Food Green Digest/ Pure Micro Doctor Organic Lacto Supplement
Natural Nutrient Digestive
Attorney Andreas Baltatzis is a director at KramerAmado PC, a boutique law firm specializing in intellectual
property (IP). He represents a number of innovative nutritional supplement and nutraceutical companies that
improve peoples lives every day. Baltatzis also helps companies prepare and implement IP strategies by
obtaining patents and trademarks that protect their innovations and cash flow, as well as advising clients on
successfully launching new products and brands.
Gideon Eckhouse is a senior associate at KramerAmado, with more than 10 years of experience in patents and
trademarks. He assists innovative nutritional supplement and nutraceutical companies protect their IP throughout
the world. Eckhouse counsels and implements global trademark strategies for new brand launches. Additionally,
he prepares and prosecutes patent portfolios protecting new products coming to market.
Probiotics are a popular and rapidly growing sector of the dietary supplement
industry. Traditionally recognized for benefits in digestive health and immune function,
probiotics are now being researched for potential value in many areas including oral, skin
and brain health. The extent of research is reflected by a recent search of the term
probiotics on PubMed, yielding more than 15,000 results.
Part of being a responsible industry is employing self-regulatory initiatives that provide
a roadmap for companies to ensure all products abide by high-quality and reliable
standards and to facilitate transparency and consistency for consumers. In 2015, the
Council for Responsible Nutrition (CRN) and the International Probiotics Association (IPA)
identified a need to develop best practices guidelines for the growing probiotic sector,
and together, the associations established a task force of more than 60 leaders,
representing nearly 40 companies that manufacture or market probiotic ingredients or
products, to take on this initiative. After working diligently for more than a year to develop
science-based recommendations that reflect best practices for key aspects of probiotics
manufacturing and labeling, the associations released final best practices guidelines for
probiotic-containing dietary supplements and functional foods, of which a key element is
the recommendation to label probiotic products in colony forming units (CFUs).
CFU is the scientifically accepted unit of measure for probiotics and is commonly
used on probiotic product labels globally. In fact, many studies conducted to assess the
safety or benefits of probiotics report probiotic quantity in CFUs. Current U.S. regulations,
however, require dietary ingredients (other than some vitamins) be labeled by weight
(e.g., milligrams). While weight may be appropriate for quantifying many ingredients, it
does not provide meaningful information regarding probiotics because weight does not
indicate the viability of the microorganisms in the product throughout shelf life. Labeling
products in CFUs is more representative of the number of viable microorganisms in the
product and gives consumers the most accurate information.
Other means of quantifying probiotics are available or in development, and the CRN-IPA
task force took them under consideration when developing the guidelines. Consistency
in units of measure across scientific research and product labeling is important to help
consumers and health care professionals identify products that provide probiotics in
quantities shown to be beneficial. Given the overarching acceptance and usage by the
scientific community, and the goal of the industry to provide consumers and health care
IN THIS ISSUE Intellectual Property p.40 Takeaways p.46 Table of Contents p.2
professionals with information that is accurate and easy to understand, the task force
concluded CFUs are currently the most appropriate unit of measure to use on labels.
The guidelines recommend to label probiotic quantity in CFUs, promoting consistent,
science-based practices. The guidelines also clarify that the quantity of probiotics on a
label should reflect the number of viable microorganisms at the end of the stated shelf
life, rather than at time of manufacture.
In conjunction with the release of the best practices guidelines, which call for CFU labeling,
IPA recently submitted a citizens petition to FDA requesting that the dietary supplement
labeling regulations (21CFR101.36) be amended to require the quantitative amount of
probiotic ingredients in a dietary supplement to be presented in CFUs instead of by weight.
Andrea Wong, Ph.D., is the vice president, scientific and regulatory affairs of the Council for Responsible Nutrition
(CRN), a trade association for the dietary supplement and functional food industry.
IN THIS ISSUE Self-Regulation p.44 SupplySide Storefront p.47 Table of Contents p.2
Agropur Ingredients
(608)781-2345
Probi USA, Inc., dba Nutraceutix
ingredients@agropur.com
425-883-9518 x329 tgamble@nutraceutix.com
IN THIS ISSUE Takeaways p.46 INSIDERS Contact p.48 Table of Contents p.2
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