Consumer protection and commercial impact of proven ineffectiveness of a food ingredient designed to aid appetite control
Submitting Institution
University of BristolUnit of Assessment
Psychology, Psychiatry and NeuroscienceSummary Impact Type
TechnologicalResearch Subject Area(s)
Medical and Health Sciences: Clinical Sciences, Neurosciences, Nutrition and Dietetics
Summary of the impact
Research conducted at the University of Bristol between 2002 and 2006
directly influenced a
significant commercial decision about use of a food additive to aid
appetite control, which protected
consumers from an ineffective product. Concerns about increasing levels of
obesity worldwide and
the toll this takes not only on human health but on health care costs,
have led to the development
of food ingredients that satisfy hunger for longer (enhance satiety). One
such major new ingredient,
Fabuless, which is owned by DSM (Dutch State Mines), a leading global
manufacturer of food
ingredients, was being considered by Unilever for inclusion in its range
of diet foods. DSM and
Unilever contacted Professor Peter Rogers, who is known for his novel
methods for the
experimental study of appetite control, to test the effectiveness of
Fabuless. Rogers demonstrated
no satiety effect of Fabuless when consumed in realistic products, which
caused Unilever to
abandon Fabuless as a potential food ingredient in 2009. Publication of
the research also meant
that other food manufacturing companies and regulatory authorities were
informed about the
ineffectiveness of Fabuless.
Underpinning research
In 2002, Unilever and DSM sought the expertise of Peter Rogers, Professor
of Biological
Psychology (2003-present; previously Senior Lecturer (1999-2003)), and his
University of Bristol
colleagues in human appetite control, to test the potential
satiety-enhancing effects of Fabuless.
Originally named Olibra, this is a vegetable oil emulsion, which
influences gastrointestinal peptides
in the small intestine that are involved in signalling satiety in order to
increase feelings of fullness
after eating.
The Bristol-based testing of Fabuless was done between 2002 and 2006, and
followed very
promising results from earlier studies conducted by another research
group. The new studies used
methods that Rogers was instrumental in developing when he was a PhD
student (Rogers and
Blundell, 1979, Psychopharmacology 66, 156-165) and which have
been widely adopted in
experimental studies of human appetite control. These methods include
scales for self-rating of
appetitive states, and a technique, known as the `test meal,' for
measuring spontaneous food
(calorie) intake under highly-controlled conditions.
Research findings
Rogers and his colleagues conducted a total of five studies of the
effects of different doses of
Fabuless in various prototype food products. Key outcome measures were how
much food was
consumed in subsequent meals and perception of hunger and satiety
(fullness). The results
showed that Fabuless had little or no efficacy once subjected to common
food-manufacturing
processes [1-3], including mild processing such as inclusion in a
yoghurt-based meal replacement
[2]. Further work was then undertaken to review systematically all the
available (published and
unpublished) evidence on the short-term appetite effects of Fabuless, and
investigate
inconsistencies in the study findings based on variations in methodology
[4]. The results of this
meta-analysis showed a small but inconsistent appetite suppressing effect
of Fabuless. One,
although not the only, factor found to contribute to this variability in
efficacy was the extent to which
the product underwent processing after Fabuless had been added. This is
crucial, as such
processing would occur in almost all realistic applications of the
ingredients (i.e., in retail products
available to consumers).
Key researchers
Rogers led the 2002-2006 research programme, while satiety studies were
carried out by Dr
Hendrik Smit (University of Bristol Research Associate 1992-2003) and Mrs
Emma Keenan
(University of Bristol Research Assistant, 1999-2008). Unilever and DSM
supplied the foods
containing Fabuless and its placebo, and their scientists worked with the
Bristol team in developing
the study designs. Professor Rogers carried out the meta-analysis in 2008
and 2009 with Katherine
Appleton (University of Bristol Research Associate 2003-2005, subsequently
at Queen's University,
Belfast) and Hendrik Smit (University of Bristol Research Associate as
above, subsequently at
Oxford Brookes University).
The Bristol findings have since been independently corroborated (Chan et
al., 2012, Physiology
and Behavior 105, 742-748).
References to the research
[1] Smit, H. J., Keenan, E., Kovacs, E. M. R., Wiseman, S. A., Peters, H.
P. F., Mela, D. J. &
Rogers, P. J. (2011). No efficacy of processed Fabuless™ (Olibra™) in
suppressing
appetite or food intake. European Journal of Clinical Nutrition, 65,
81-86. DOI:
10.1038/ejcn.2010.187
[2] Smit, H. J., Keenan, E., Kovacs E. M. R., Wiseman, S. A., Mela, D. J.
& Rogers, P. J.
(2012). No appetite efficacy of a commercial structured lipid emulsion in
minimally
processed drinks. International Journal of Obesity, 36, 1222-1228.
DOI:
10.1038/ijo.2011.237
[3] Smit, H. J., Keenan, E., Kovacs, E. M. R., Wiseman, S. A., Peters, H.
P. F., Mela, D. J. &
Rogers, P. J. (2011). No appetite or food intake functionality of
Fabuless™ (Olibra™) in
processed food products. Appetite, 57, 545. DOI:
10.1016/j.appet.2011.05.032
[4] Appleton, K. M., Smit H. J. & Rogers, P. J. (2011). Review and
meta-analysis of the short
term effects of a vegetable oil emulsion on food intake. Obesity
Reviews, 12, e560-e572.
DOI: 10.1111/j.1467-789X.2011.00861.x
Details of the impact
`It is clear that this research has had a commercial impact already, and
will likely have continuing
implications for future applications of this technology in consumer
products. We also see this as
an example where by publishing their evaluation of the efficacy of
commercialised food
technologies, including `negative' data, academics can play a role in the
protection of the
consumers.' [a] Unilever Senior Scientist, commenting on the impact of
this research.
Evidence proving no efficacy leads to commercial decision to abandon
Fabuless and
opinions of misleading advertising
In 2000, Unilever acquired diet foods and drinks manufacturer Slim-Fast
for $2.4billion [b]. In the
early 2000s Unilever made plans to use Fabuless as a food ingredient,
including in new products
for the Slim-Fast range. As a direct result of the research carried out by
Rogers, Unilever
abandoned its plans to use Fabuless in 2009. This will have led to a
significant decrease in
projected sales of Fabuless and its value to its owner and manufacturer
DSM (Dutch State Mines,
a leading global manufacturer of food ingredients).
The concerns raised by the research over Fabuless resulted in a dispute
between Unilever and
DSM. Attempts to resolve this dispute lead to a high level meeting between
Unilever and DSM in
Geneva, Switzerland in 2008 at which the disputed efficacy of Fabuless was
discussed. Both
Rogers and Appleton were called as `expert witnesses' to that meeting.
Three of the outcomes
from the meeting were an agreement that the results of the research,
including the meta-analysis
of studies, should be submitted for publication, the later final decision
by Unilever not to use
Fabuless, and subsequently pressure from Unilever on other companies that
they should not use
this ingredient with satiety claims.
Although Fabuless is still used in some products for appetite and weight
control by other
manufacturers, its use is likely far less widespread than it would have
been without the Bristol
research bringing into question its efficacy. It is clearly challenging to
provide evidence of products
that would have otherwise used Fabuless, however, the fate of some
products that were using it
are evidence that the research impacted commercial use of the product. For
example, in 2008,
Candia launched its Silhouette Active slimming milk product with Fabuless
as its active ingredient.
In 2012, the District Court of Paris made the decision that the company's
advertising of the product
was misleading consumers following a complaint by the National Association
for the Defence of
Consumers and Users (CLCV) [c]. Candia did not appeal the decision as they
had effectively
stopped marketing Silhouette Active in France after sales
plummeted and it had lost its health
claims following an opinion by the French food safety agency (AFSSA) [c].
DSM sought to secure a ruling from the European Food Safety Authority
(EFSA) in support of their
claim for efficacy of Fabuless, but this was found to be unsubstantiated
and the claim has been
disallowed in the EU since December 2012 [d]. Since this ruling, the
Bristol research has been
published in the public domain, and has been independently confirmed (Chan
et al., 2012,
Physiology and Behavior 105, 742-748).
The most recent clinical findings referred to in the DSM website [e] are
from 2002 and recent
consumer-style reports are conspicuously absent from the DSM site and from
the other domains
globally. Together, this strongly indicates that Fabuless sales are
reducing, presumably as a
consequence of loss of sales to Unilever and the EFSA ruling, both of
which rest largely on the
Bristol research.
It is difficult to quantify exactly the commercial consequences of not
using a product of this kind. It
is certain, however, that Unilever has not invested any more in developing
products containing
Fabuless; has not assigned a marketing budget for the projects and has not
purchased Fabuless to
add to products. This has clearly resulted in a reduced demand for
Fabuless and a cost saving for
Unilever. Unilever had planned to use Fabuless in their Slim-Fast range
that has a major market
share (US Slim-Fast sales are currently almost $200 million p.a. and in
the UK Slim-Fast remains
the dominant meal replacement product with a 71% share of the £59 million
p.a. market [f and g])
so their cost-saving is substantial. It is likely that their abandonment
of plans to adopt Fabuless will
lead to similar actions from other producers of slimming products.
Unilever and many of its
competitors are multinational corporations and therefore the reach of this
impact is significant.
Consumers protected from purchasing and consuming ineffective product
As a result of this change of policy based on the Bristol research,
consumers are protected from
purchasing and consuming an ineffective product, which otherwise would
have been strongly
marketed by major global companies in a sector that is worth $13billion
globally [f]. Although the
ingredient is not harmful to consumers, it was proven ineffective, so the
impact of the research
does have considerable reach, ostensibly in Europe, covered by the EFSA
decision, but also
globally. It is clear that availability of Fabuless has decreased
worldwide.
Sources to corroborate the impact
[a] Letter from Dr David Mela, Unilever Senior Scientist, corroborating
the background, results
and impacts of the research.
[b] http://www.businessweek.com/articles/2013-01-24/how-slim-fast-lost-out-to-weight-loss-rivals
accessed 14 June 2013
[c] `Painful end for active shape' (29 November 2012) LSA.fr <http://www.lsa-conso.fr/fin-douloureuse-pour-silhouette-active.135788>
[d] European Food Safety Authority (2011) SCIENTIFIC OPINION: Scientific
Opinion on the
substantiation of health claims related to formulated palm and oat oil
emulsion and
contribution to the maintenance or achievement of a normal body weight (ID
577) and
maintenance of body weight after weight loss (ID 1553) pursuant to Article
13(1) of
Regulation (EC) No 1924/20061EFSA Journal 2011;9(6):2252 Parma, Italy.
[e] `Fabuless' (9 Nov 2011) DSM [website]
<http://www.dsm.com/markets/foodandbeverages/en_US/products/nutraceuticals/fabuless.html#>
accessed 16October 2013.
[f] Boyle, M. (15 Jan 2013) `Unilever's Slim-fast goes from juggernaut to
after-thought',
Bloomberg <http://www.bloomberg.com/news/2013-01-14/unilever-s-slim-fast-goes-from-juggernaut-to-afterthought.html>
accessed 16 October 2013
[g] United Kingdom Food Replacement market: Unilever foods UK dominates
http://www.companiesandmarkets.com/Market/Food-and-Drink/Market-Research/Meal-Replacement-in-the-United-Kingdom/RPT1032407?aCode=b665b089-afc2-4102-9abd-a47c38e3ae3c
accessed 23 October 2013