In a reply from Aker Biomarine, sent to Oslo Byfogdembete (Municipal Court) on 22 September 2009 in anticipation of the trial on 24 and 25 September, Aker withdrew the key claims in its campaign, which were the core of the conflict. “The core of the case was thus already won before the trial itself started”, said Stig Ebert Nillssen, CEO of Axellus AS.
This applies to the following claims:
1. “Studies show that omega-3 from krill works better than omega-3 from fish.”
2. “Omega-3 guarantee: positive results or your money back.”
3. “DID YOU EAT FISH YESTERDAY? As a rule of thumb, researchers say that we should eat fatty fish at least twice a week - or take an omega-3 dietary supplement daily.”
4. “One a day makes a big difference” (quote from Petter Northug).
5. “For me, only the best is good enough” (quote from Petter Northug).
- We are delighted that Aker BioMarine has changed its core message in the middle of their marketing campaign. They did so before the trial even started, which is a big victory for us, and for all those in favour of more orderly and honest communication with consumers. We wished to call to the court’s attention the extent to which the rest of their claims were misleading, and will take under consideration that the court has not upheld us as far as these are concerned. We accept that this has been a complex case for the judicial system, and will evaluate the wisest next step for informing consumers about the importance of the amount of omega-3 in dietary supplements, said Stig Ebert Nilssen, Axellus AS CEO.
For Axellus the connection between the amount of omega-3 in the product and the health effects it promises to consumers has been crucial to call notice to in this case.
- This case is about more than a juridical disagreement between Aker BioMarine and Axellus AS. It’s about the connection between the amount of omega-3 and the promises a dietary supplement product can make. We will continue to speak up for a thorough review of the whole omega-3 market, and will take the initiative for a constructive dialogue with all the key actors in it. Common standards for uniform labelling and honest marketing of omega-3 products will contribute to maintaining the seriousness of the market and make it easier for consumers themselves to recognise products with too-low levels, said Anita Helland, Development Director at Axellus.
For more information or commentary, please contact:
Kristina Johansen
Information Manager, Axellus
E-mail: kristina.johansen@axellus.no
Tel: 22 89 64 13/ 90 06 59 08
Anita Helland
Development Director, Axellus
E-mail: anita.helland@axellus.no
Tel: 22 89 64 81/99 25 26 96
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