NPA objects to liquid supplement guidance

FDA may violate the Administrative Procedures Act by apparently changing enforcement discretion policy regarding liquid dietary supplement products, according to the Natural Products Association. FDA's stance in a December 2009 draft guidance that some liquid products labeled as supplements may be conventional beverages should be promulgated through notice-and-comment rulemaking, NPA VP of Scientific & Regulatory Affairs Daniel Fabricant says in a Feb. 2 1letter. NPA asks FDA as it finalizes the guidance to say why it rejects or accepts comments. The trade group adds the guidance lacks "a verifiable or scientific standard" to delineate supplement and conventional food packaging - a point other stakeholders make (2"The Tan Sheet" Feb. 8, 2010)