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DSHEA and US dietary supplement regulation

DSHEA is the Dietary Supplement Health and Education Act of 1994. FDA explains that supplement firms have initial responsibility for product safety and labeling; dietary supplements are not approved by FDA before marketing. Your launch review still needs to address ingredients, claims, labels and manufacturing.

What DSHEA means for a founder

FDA’s questions and answers explain the dietary supplement category and the responsibilities of manufacturers and distributors. The absence of routine premarket product approval is not a safety certification or permission to market an unsafe or misbranded product.

FDA: questions and answers on dietary supplements

Separate ingredient review from product approval

An NDI notification is a distinct requirement for certain new dietary ingredients. If required, allow at least 75 days before introduction into interstate commerce. Review the ingredient’s identity and intended use, rather than assuming that a familiar marketing name resolves the question.

FDA: NDI notification procedures and timeframes

Separate claims from label format

A structure/function claim has substantiation, disclaimer and notification requirements. A complete label review is broader: use FDA’s labeling guide to review the identity statement, net quantity, Supplement Facts, ingredient listing and responsible business information.

FDA: dietary supplement labeling guide

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