North American ingredient supplier, AIDP, has won exclusive approval to use magnesium L-threonate as a novel food in the European Union for five years, offering a new and highly bioavailable option for magnesium supplementation throughout the EU.
The EU determined that use of the proprietary data on which the authorisation depended is exclusive to AIDP. Its partner company and licensee ThreoTech, which markets magnesium L-threonate under the trademark Magtein, and sublicensees are the only parties authorised to market magnesium L-threonate in the EU for a period of 5 years from 7 November 2024, unless a subsequent applicant obtains an authorisation without reference to the protected proprietary data.
Under this exclusivity, the marketing of magnesium L-threonate as a novel food in the EU will require prior approval by AIDP and ThreoTech. Any company wishing to market magnesium L-threonate during the exclusivity period will be required to take a license from ThreoTech and source the magnesium L-threonate from ThreoTech.
ThreoTech has retained Herbert Smith Freehills, a leading global law firm, to pursue companies in the EU that infringe the exclusivity granted by the novel food approval. Any company currently selling magnesium L-threonate as a novel food in the EU without a license should contact ThreoTech and immediately stop selling the unlicensed products.
ThreoTech CEO, Edward Lee, said novel food authorization for Magtein means EU consumers can experience the clinically proven benefits unique to magnesium L-threonate for the first time.
“In addition, the five-year period of exclusivity granted to AIDP, and its licensee ThreoTech, offers added reassurance to consumers, manufacturers, and brands that the magnesium L-threonate sourced through ThreoTech is guaranteed to be safe, authentic, and of the highest quality,” said Lee.
The company stated Magtein is suitable for use in a wide range of products aimed at improving brain and mental health, including capsules, RTD beverages, snack bars, gummies, gels, and powders.