FDA Denies Petition on Probiotic Suppositories as Supplements
FDA has denied a ProbioTech petition filed in April that asked the agency to change the definition of a dietary supplement under the Dietary Supplement Health and Education Act and to treat probiotic suppositories the same as oral probiotic dietary supplements. The petition says that probiotics that are not in the form of a pill, capsule, tablet, or liquid and do not fit into the definition of a drug, device, or biologic should be considered a dietary supplement if they function essentially the same and do not come in the form of a pill, capsule, tablet, or liquid. “ProbioTech seeks to market a probiotic delivered by a rectal suppository, which should not be deemed a new drug as there is no claim to diagnose, cure, mitigate, treat, or prevent a disease,” it said. “The product should not be put through the onerous submission and approval process for a new drug substance.”
In denying the petition, FDA said that a request to amend the Food Drug & Cosmetic Act is not an action that can be the subject of a citizen petition. Additionally, FDA said that the definition of a dietary supplement limits qualified products as those intended for ingestion. “FDA may not ignore this statutory constraint and classify suppositories as dietary supplements,” it said.