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GUIDANCE DOCUMENT

Draft Guidance for Industry: New Dietary Ingredient Notifications and Related Issues March 2024

Draft

Not for implementation. Contains non-binding recommendations.

Docket Number:
FDA-2011-D-0376
Issued by:
Guidance Issuing Office
Center for Food Safety and Applied Nutrition

What's New 

March 5, 2024 

FDA announced the availability of a final guidance for industry titled “Dietary Supplements:  New Dietary Ingredient Notification Procedures and Timeframes: Guidance for Industry.” The guidance finalizes Section V (“NDI Notification Procedures and Timeframes”) of the 2016 revised draft guidance (below) in addition to several related questions from other sections of the draft guidance. This approach of separating the 2016 revised draft guidance into discrete sections for ease of use is responsive to comments received on the draft guidance. The FDA understands the importance of providing the agency’s thinking on the topic of NDINs and related issues and plans to prioritize finalizing other parts of the 2016 revised draft guidance as the agency completes its review and analysis of those sections. For more information, see Constituent Update: FDA Issues Final Guidance on New Dietary Ingredient Notification Procedures and Timeframes

Issued July 2011; Revised August 2016; Level 2 Revisions March 2024

Under section 413(a)(2) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 350b(a)(2)), the manufacturer or distributor of a new dietary ingredient (NDI) that has not been present in the food supply as an article used for food, or a dietary supplement containing such an NDI, must submit a premarket safety notification to FDA at least 75 days before introducing the product into interstate commerce.

This guidance is intended to help manufacturers and distributors of dietary ingredients and dietary supplements (“you”) decide whether to submit a premarket safety notification to FDA (“we” or “us”) for a product that is or contains an NDI.

These premarket safety notifications are commonly referred to as NDI notifications. The guidance is also intended to help you to prepare NDI notifications that we will be able to review more efficiently and respond to more quickly.

The guidance answers frequently asked questions about NDI notifications and related issues. The major topics it addresses are:

  • What qualifies as an NDI;
  • When an NDI notification is required;
  • What are the procedures for submitting an NDI notification;
  • What types of data and information FDA recommends you consider when you evaluate the safety of NDIs and dietary supplements containing an NDI; and
  • What FDA recommends you include in an NDI notification.

In addition, the guidance contains questions and answers about parts of the definition of “dietary supplement” that can affect whether a particular substance may be marketed as a dietary ingredient in a dietary supplement. We encourage you to consult this guidance during your safety review of dietary supplements that contain an NDI and when you prepare NDI notifications.

The guidance focuses on interpreting the FD&C Act’s requirements relating to NDIs and dietary supplements that contain an NDI. It does not discuss other parts of the FD&C Act that may affect the regulatory status of a particular ingredient or product, such as provisions of the FDA Food Safety Modernization Act (FSMA) that may apply to dietary ingredients and/or dietary supplements.

FDA’s guidance documents, including this guidance, do not establish legally enforceable responsibilities. Instead, guidances describe our current thinking on a topic and should be viewed only as recommendations, unless specific regulatory or statutory requirements are cited. The use of the word should in FDA guidances means that something is suggested or recommended, but not required.

Download the Revised Draft Guidance


Related Information


Submit Comments

You can submit online or written comments on any guidance at any time (see 21 CFR 10.115(g)(5))

If unable to submit comments online, please mail written comments to:

Dockets Management
Food and Drug Administration
5630 Fishers Lane, Rm 1061
Rockville, MD 20852

All written comments should be identified with this document's docket number: FDA-2011-D-0376.

 
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