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Obama’s FDA

Dietary Supplements,FDA,Regulatory,Sports Nutrition

This weekend, the LA Times ran a story by Andrew Zajac about the “reinvigoration” ofThe White House the FDA under the Obama Administration (check out the story here).  While the focus of the article was food, drugs, medical devices and over-the-counter items (e.g., mouthwash), there’s no doubt that the increased “regulatory activism” is also being expressed toward the dietary supplement industry.  While the article cites FDA warning letters sent to companies outside the supplement industry, a similar aggressiveness is being directed in the area of New Dietary Ingredients.  Recently, for example, a major sports nutrition company issued a nationwide recall of an anti-aromatase product after receiving word from FDA that the ingredient failed to meet the legal definition required for it to be sold as a dietary supplement.  Mr. Zajac’s assessment that “[t]he agency hasn’t gone full throttle yet” may especially apply to dietary supplement products that fall into the category of New Dietary Ingredients.  Industry should brace itself for increased scrutiny of products that were not sold in the United States as a dietary supplement before October 15, 1994.

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