Something Fishy in California
15 Jun
By Inger Pols
If you have read any of my past issues, you know how important I believe omega-3 fatty acids are to good health. Because most of us simply cannot consume enough omega-3 to balance our heavy omega-6 consumption (in total and at each meal), I recommend supplementation.
I also advise that you seek high-quality fish oil because certain conditions can render the wonderful health benefits of fish oil damaging. For example, fish oil can oxidize if exposed to air or temperature changes and turn rancid. It is also important that your fish oil be thoroughly screened and distilled to remove mercury and polychlorinated biphenyls (PCBs).
In past issues, we’ve talked a little about how to choose high quality fish oils, but today we are going to look at a recent lawsuit in California that highlights the importance of selecting high quality fish oil and go a little deeper into how to make the best supplementation choice.
PCBs and Proposition 65
While there are several issues to consider when selecting fish oils. my focus today will be predominantly on the issue of PCBs and contaminant screening. PCBs are industrial chemicals that were banned in the 1970s because of their link to cancer and birth defects. But PCBs remain present in our soil and water as they take a very long time to break down. We have talked about the impact of PCBs in our fish, meat and diary supply in previous newsletters. PCBs are also in vegetables due to their presence in soil.
Not surprisingly, because of their presence in fish, PCBs are a concern in fish oil supplements. Fish that are caught close to shore and farmed fish are at higher risk for contamination, and they require distillation for toxin removal. The degree to which fish oil products are screened and distilled for chemicals varies significantly by manufacturer, and in general, you get what you pay for.
Most states have no regulations on the chemical load tolerated in products, so most manufacturers avoid the expense of reliably screening out contaminants or engaging in third-party lab testing. California, however, has set standards for exposure to known carcinogens such as PCBs. The Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65, requires that the state document known chemicals causing cancer or reproductive toxicity and there are currently almost 900 on the list!
About 300 of the chemicals have “safe harbor” levels, under which the contaminant is considered to have no “significant” risk. Above those levels, however, companies are required to label products to warn consumers that there are significant levels of these chemicals in the product. In California, PCBs are one of the 300 chemicals for which thresholds have been established, and a threshold of no more than 90 nanograms (or .09 mcg) of PCBs is deemed tolerable for consumption each day. (While one might question if there really is any safe level of harmful contaminants, at least California has attempted to set a safety threshold.)
The Fish Oil Lawsuit
There are more than 100 brands of fish oil on the market in California, but recently, the Mateel Environmental Justice Foundation selected 10 brands to test for PCB levels. They found that all of them contained PCBs and that three of them were significantly over threshold rate if taken at their suggested dosage. Some exceeded tolerance levels by a factor of 10 and none of the products bore warning labels.
Mateel and its attorney David Roe, who helped write the Proposition 65 law, have filed a lawsuit against fish oil manufacturers, distributors and retailers claiming that according to California law, they failed to give clear warnings that the products would expose consumers to high levels of PCBs. The lawsuit asks the court to require fish oil manufacturers provide warnings to present and future customers and to track down individual past customers, and to provide civil penalties of up to $2500 for each day of customer exposure without the warnings.
The lawsuit targets five supplement producers (General Nutrition Corp. (GNC), Now Health Group Inc, Pharmavite LLC, Solgar Inc, and TwinLab Corp) two large drugstore distributors, (CVS Pharmacy Inc and Rite Aid Corp.), as well as the largest producer of omega-3 oil, Omega Protein Inc. Fish oil, shark oil, fish liver oil, and shark liver oil supplements were called into question.
In 2008, U.S. consumers spent $739 million on fish and animal oil supplements. As the eighth most popular dietary supplement, according to Nutrition Business Journal, the impact of the claim is far-reaching.
So what does this mean?
First, it is important to note that this was a small sample–there are over 100 supplements on the market and only 10 were tested, and not all of the products tested raised concerns. Toxicity level can vary significantly by batch even within the same manufacturer, so one could argue these were just bad batches.
On the other hand, one could also argue some of the brands that escaped got lucky because good batches of their supplements were tested. Most states do not have laws such as California so the policing of safe contaminant levels is minimal. Consumers must rely on manufacturers’ own testing policies and standards to make the best choices. Fortunately, there are some high-quality manufacturers who adhere to exceptional standards and there are some guidelines for consumers to help make better choices.
How to Choose the Best Fish Oil Supplement
First, consider the type of fish that is being used to make the oil. Predator fish such cod or shark will accumulate more toxins. (If you choose these fish, you’ll want to make sure you use a high quality manufacturer that is thoroughly screening for contaminants.) Fish lower on the food chain such as mackerel, sardines, and anchovies will have much lower contaminant levels.
Also consider the location of the fish. Fish caught in deep ocean water will have fewer contaminants than those caught closer to shore, farm raised, or found in more shallow inland water.
It’s important to look at the omega-3 fatty acid levels of docosahexaenoic acid (DHA) as well as eicosapentaenoic acid (EPA) in your fish oil. The benefits of EPA were discovered first and most oils focus primarily on EPA. We now know that DHA is equally important and while it is challenging to find oils with an equal balance of each, if not equal, you should make sure your oil does not completely neglect DHA in favor of much higher levels of EPA.
Finally, consider the source of the fish. Oil from fish liver will be higher in PCBs and other contaminants because the liver is the organ responsible for processing undesirable elements. An oil that is derived from the whole fish or pressed from fish flesh will have lower contaminant levels.
If you are a proactive consumer who wants to do research about fish oils or other products/supplements, you can join Consumer Labs, a subscription fee-based service that tests products and publishes their results. For a modest monthly fee, you can get their results on 52 tested fish oils and omega-3 supplements that did not contain any detectable mercury and passed contamination limits for lead and PCBs. However, the standards by which they evaluate oils are not as stringent as many experts now recommend and the majority of the oils tested were not tested for dioxins, so some experts question the relevance of their test results.
The International Fish Oil Program in Canada tests and evaluates fish oils at a higher measurement standard and their free website will allow you to see results of several name brands. However, many brands are not tested, so you may not find your favorite there.
If you want to skip the research, there are a few exceptional brands that have consistently maintained high quality standards that I can recommend. Nordic Naturals regularly has its oil tested by third party labs and receives stellar results. I recommend Nordic Naturals to those willing to spend a little more to get a high quality supplement.
Another fish oil supplement brand that I recommend is Carlson Labs. Less expensive than Nordic Naturals, Carlson regularly tests (using Association of Official Analytical Chemists (AOAC) international protocols) for freshness, potency and purity by an independent, FDA-registered laboratory and has been determined to be fresh, fully potent and free of detrimental levels of mercury, cadmium, lead, PCBs and 28 other contaminants.
There are certainly other excellent choices out there, so do a little due diligence on your brand to be sure it’s a good choice. Try to work fish into your regular diet but don’t let the test results scare you away from supplementation. Supplementation is still the right choice for most of us; we just need to make sure we choose products and manufacturers that adhere to the highest standards and engage in reliable third party testing for contaminants.
To your health!
Inger Pols
Editor of New England Health Advisory



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