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Enforcement

Third-Party Audit Results ‘Definitely The Direction’ For FDA Supplement Facility Inspection Planning

“There's a lot of third-party audit information out there. Could we take that and apply it into our inspectional planning process?” says Office of Dietary Supplement Programs Director Cara Welch.

US FDA Makes Enforcement Discretion Official For Accepted Supplement Label Disclaimer Practice

“We have rarely, if ever, enforced this requirement” FDA says announcing enforcement discretion regarding requirement for disclaimer about supplement structure/function and other label claims to be printed on every panel of a product’s package.

No Sale For Supplement Direct Sellers’ Ad Claims In Industry Self-Regulation Group’s Reviews

Urban Retreat didn’t cooperate with Direct Selling Self-Regulatory Council’s review or “indicate any intent to comply with” recommendations to discontinue claims for its Balance Capsules. LoveBiome responded sufficiently to merit a DSSRC recommendation to pull three health claims.

Supplement Registration And Pre-DSHEA Lists: Key Missing Tools Limiting US Pre-Market Review

FDA looks to Congress for authority to require registration for all supplements available for sale in US for public-facing product listing but no authority can produce list of dietary ingredients available pre-DSHEA.

Two Strikes And Firms Selling 7-OH Supplements Will Be Out Of Options To Avoid US Enforcement

Enforcements at facilities in Missouri operated by Shaman Botanicals and Relax Relief Rejuvenate Trading were preceded by administrative detention orders, FDA’s first use of the authority since its reorganization in October 2024.

California Firm Too Busy To Defend Ad Claims For NAD+ Supplement It Previously Marketed

Virgin Scent didn’t respond to NAD attorneys’ “repeated outreach attempts” asking for evidence supporting ad claims for Artnaturals NAD+ challenged by another NAD+ supplement marketer, Reus Research.

Latest OTC Eye Drop Production Problem In US Prompts Firm To Close Doors After Recalls

BRS Analytical Services in St. Louis recalled more than 75,000 cases of redness and lubricating eye drops and committed “to permanently cease production of all drugs.”

US FDA Plans Move Inspectorate Back To More Generalist Organization

The “Simple Reform” initiative would reverse a 2017 move to ensure FDA investigators were experts in the commodity they inspected or in clinical research regulations.

Hong Kong OTC Antifungal Pen Firm Erases Challenged US Ad Claims Without Argument

National Advertising Division says XF Agencija permanently discontinued benefits and efficacy ad claims for Lunavia undecylenic acid 25% nail pen challenged by Advantice Health, marketer of Kerasal fungal nail renewal brand.

One Plus, More Minuses In Review Of NAD+ Supplement Firm’s Advertising Claims

National Advertising Division, on challenge by NAD+ trailblazer Niagen Bioscience, found substantiation lacking for Cata-Kor NAD+ and NAD+ Core product content and health benefit claims and no clear and conspicuous disclosures for brand’s influencer posts.

FTC’s New Healthcare Division Chief Is Former Antitrust Prosecutor

Emma Mittelstaedt Burnham prosecuted antitrust violations in healthcare sector in her previous work at DoJ, including leading investigation into antitrust cartels in the generic pharmaceutical industry.

NPA On Clock To Continue Challenge To FDA ‘Drug Preclusion’ Policy For Dietary Ingredients

FDA rejects NPAs arguments for clarity on when it recognizes start of investigational new drug programs and what constitutes “substantial clinical investigations” for an IND. Clock starts after FDA met twice-extended deadline to provide answers to NPA’s questions in a 2023 petition.