CRN Asks FDA to Reconsider Drug Preclusion
The Council for Responsible Nutrition (CRN) petitioned FDA 3/9 to reconsider how it has been invoking the drug preclusion clause of the Dietary Supplement Health and Education Act (DSHEA). CRN says (includes a link to the petition) that the agency has been and will likely continue to be misapplying the clause to dietary supplement ingredients that it has previously acknowledged as lawfully marketed, threatening future innovation in the supplement marketplace.
The association says the drug preclusion clause in DSHEA excludes certain dietary supplement ingredients from the supplement definition where that ingredient is the same as an active drug ingredient and the drug use was first to the market.
“Under FDA’s current interpretation,” CRN writes, “a supplement company has no way of knowing if a drug company has started the process of preclusion because the date that triggers preclusion is confidential…. Meanwhile, the dietary supplement manufacturer could spend millions of dollars researching the effectiveness, confirming the safety, and marketing an ill-fated product to consumers, which is destined to be removed. That outcome is certainly not what Congress intended when it wrote the law.”