NAC Product Enforcement Discretion Guidance

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FDA has published a draft guidance, Policy Regarding N-acetyl-L-cysteine, explaining the agency’s intent to exercise enforcement discretion for the sale and distribution of certain NAC-containing products that are labeled as dietary supplements. An agency statement says the enforcement discretion policy would apply to products that would be lawfully marketed dietary supplements if NAC were not excluded from the definition of “dietary supplement” and are not otherwise violating the Federal Food, Drug, and Cosmetic Act (FFDCA).

The agency says it has determined that NAC is excluded from the dietary supplement definition under the FFDCA because it was approved as a new drug before it was marketed as a dietary supplement or as a food. While that position was explained in responses to two citizen petitions, the statement says, FDA has not yet reached a final decision on one petitioner’s request to issue a regulation to permit the use of NAC in dietary supplements.

“We are considering initiating rulemaking to provide by regulation that NAC is not excluded from the definition of dietary supplement,” the agency says. “If, among other considerations, FDA does not identify safety-related concerns as we continue our review of the available data and information, we are likely to propose a rule providing that NAC is not excluded from the definition of a dietary supplement.”

 

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