FDAAA Prohibition Against Drugs In Food Tests Industry, Vexes Agency
This article was originally published in The Tan Sheet
Executive Summary
Dietary supplement firms have more time to comment on an issue that industry stakeholders say could fundamentally change their businesses - how FDA implements a law that could expand the agency's definition for drugs and possibly render many novel food and supplement products illegal
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Comment on FDAAA provision
FDA requests industry help to interpret a provision in the FDA Amendments Act of 2007 that could block the sale of new and some existing dietary supplements and food ingredients if read strictly. A provision of FDAAA amended the Food, Drug and Cosmetics Act to prohibit the sale of any drug or biological product for which "substantial clinical investigations" were conducted and publicized, and any food product to which an approved drug or licensed biological has been added (1"The Tan Sheet" March 10, 2008, p. 3). In a July 29 Federal Register notice, the agency asks industry how to interpret clinical investigations and how the provision will impact supplements and self-determined GRAS status. The amendment has no legislative history or grandfather clause for existing products. FDA also seeks comments on whether the provision is a disincentive to study conventional foods and dietary supplements and, if so, how to minimize that impact. Comments are due by Oct. 27...
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