Botanicals, herbals & nutraceuticals
Which terms are legal categories, and the claims each allows.
Supplements, foods, cosmetics and drugs share much of the same science. They differ in premarket steps, allowed claims and quality rules; this page maps what carries over.
Status. EUTECNIQ Sciences is a company in formation. It has no laboratory, customers or products yet, so every EUTECNIQ service in this section is a proposal. The legal statements summarize U.S. federal law as of October 22, 2026. They are not legal advice.
Which terms are legal categories, and the claims each allows.
DSHEA, Part 111, NDI notifications and claims.
Food additive and GRAS routes, Part 117.
MoCRA and the cosmetic–drug line.
Characterized material for drug developers.
From source to a specified, documented ingredient.
From a qualified international supplier to U.S. buyers.
What an exporter needs before U.S. qualification.
Documented qualification for U.S. manufacturers.
Stage gates, IP ownership and licensing.
| Page | Labels | Verified data | Peer-reviewed | Regulation or guidance | Third-party estimate | Proposal, partner or risk | Simulation or schematic |
|---|---|---|---|---|---|---|---|
| Botanicals, herbals & nutraceuticals | 12 | 1 (8%) | 3 (25%) | 6 (50%) | 0 (0%) | 2 (17%) | 0 (0%) |
| Dietary supplements | 15 | 2 (13%) | 0 (0%) | 4 (27%) | 0 (0%) | 8 (53%) | 1 (7%) |
| Functional foods & beverages | 21 | 2 (10%) | 1 (5%) | 9 (43%) | 0 (0%) | 8 (38%) | 1 (5%) |
| Cosmetics & personal care | 19 | 3 (16%) | 2 (11%) | 5 (26%) | 0 (0%) | 8 (42%) | 1 (5%) |
| Pharmaceutical partnerships | 19 | 4 (21%) | 0 (0%) | 5 (26%) | 0 (0%) | 10 (53%) | 0 (0%) |
| Advanced ingredient development | 24 | 2 (8%) | 5 (21%) | 4 (17%) | 0 (0%) | 13 (54%) | 0 (0%) |
| Global ingredients | 36 | 2 (6%) | 0 (0%) | 14 (39%) | 0 (0%) | 18 (50%) | 2 (6%) |
| For international suppliers | 15 | 1 (7%) | 0 (0%) | 2 (13%) | 0 (0%) | 12 (80%) | 0 (0%) |
| For U.S. manufacturers | 22 | 2 (9%) | 0 (0%) | 6 (27%) | 0 (0%) | 13 (59%) | 1 (5%) |
| Commercialization & licensing | 40 | 6 (15%) | 1 (2%) | 10 (25%) | 0 (0%) | 15 (38%) | 8 (20%) |
Safety evidence, permitted claims and manufacturing rules attach to the intended use, not to the material.
| Survey period | Any supplement | Two or more |
|---|---|---|
| 2013–2014 | 53.8 | 30.9 |
| 2015–2016 | 55.9 | 33.4 |
| 2017–March 2020 | 58.5 | 35.5 |
| Aug 2021–Aug 2023 | 60.2 | 38.7 |
| Group | Any supplement |
|---|---|
| Women | 66.1 |
| Men | 53.9 |
| Age 20–39 | 46.3 |
| Age 40–59 | 60.3 |
| Age 60 and older | 75.9 |
Use measures demand, not efficacy or safety.
The same botanical extract can fall into any of these rows. Its labeling, marketing and intended use decide which.
| Category | Governing framework | Premarket requirement | Typical evidence | Claim limits | Quality regime |
|---|---|---|---|---|---|
| Dietary supplements | FD&C Act as amended by DSHEA (1994). Definition in 21 U.S.C. 321(ff) includes "an herb or other botanical" and its extracts. Statute | No FDA approval of products or labeling. A new dietary ingredient needs a notification at least 75 days before marketing unless the food-supply exception applies. FDA does not approve notifications. | Specifications for identity, purity, strength and composition. History of use or other evidence of safety for a new ingredient. Substantiation for every claim. | Structure/function statements, notified within 30 days of marketing and carrying the FDA disclaimer. Disease claims make the product a drug. | 21 CFR Part 111 cGMP. Final rule |
| Dietary ingredients sold to manufacturers | FD&C Act. FDA treats dietary ingredients as food under Part 117. Importers fall under FSVP (21 CFR Part 1, Subpart L). | The ingredient maker or the supplement maker may file the new dietary ingredient notification. | A specification and certificate of analysis the customer can confirm with its required identity test (21 CFR 111.75). | Promotional material can establish intended use, so ingredient marketing must avoid disease language. | Generally Part 117 when sold only to firms that process it further. Part 111 applies when sold to firms that only package or label it, or to consumers. |
| Conventional foods and beverages | FD&C Act food provisions. A substance added to food is a food additive unless it is generally recognized as safe (GRAS), 21 U.S.C. 321(s). | Food additive: an FDA regulation issued on petition (21 CFR Part 171). GRAS: notification to FDA is voluntary today; an August 11, 2026 proposed rule would make it mandatory. Proposed rule | "Reasonable certainty… not harmful" for the intended use. GRAS through scientific procedures needs the same quantity and quality of evidence as a food additive approval. | Nutrient content claims, authorized or qualified health claims, and structure/function claims derived from nutritive value. No notification or disclaimer for food structure/function claims. | 21 CFR Part 117. Part 113 or 114 for low-acid canned or acidified foods; Part 120 for juice. |
| Cosmetics | FD&C Act as amended by MoCRA (enacted December 29, 2022). Definition in 21 U.S.C. 321(i). Statute | No FDA approval, except for color additives. Facility registration and product listing. Serious adverse events reported within 15 business days. | "Adequate substantiation of safety" held by the responsible person. The law prescribes no specific tests and does not require animal testing. | Cleansing, beautifying, promoting attractiveness, altering appearance. A claim to affect body structure or function makes it a drug. | No cosmetic GMP rule has been proposed, although the statutory deadlines have passed. FDA has a draft GMP guidance. Draft guidance only |
| Cosmetic-drug products such as sunscreen moisturizers, antidandruff shampoo, fluoride toothpaste, antiperspirants | Cosmetic and drug provisions together. OTC monograph drugs under FD&C Act § 505G (21 U.S.C. 355h). | Conform to an OTC monograph, or obtain approval of a new drug application. | The monograph's conditions for active ingredient, dose and labeling, or the data in an approved application. | Drug claims only as the monograph or approved labeling allows. | Drug cGMP, 21 CFR Parts 210/211. |
| Botanical drugs through regulated partners | FD&C Act § 505 (new drug application) or a biologics license. Studies under an IND, 21 CFR Part 312. FDA Botanical Drug Development guidance (December 2016). Final guidance | FDA approval of the application before marketing. | Adequate and well-controlled clinical investigations (21 CFR 314.126). Nonclinical studies under GLP (Part 58). Trials under Parts 50 and 56 and good clinical practice. | Only the indications in the approved labeling. | Drug cGMP, 21 CFR Parts 210/211. |
Start from one well-characterized botanical ingredient. This grid shows how much of its dossier a second market could reuse, and why.
| Part of the dossier | Supplement | Food or beverage | Cosmetic | Drug partner | Why |
|---|---|---|---|---|---|
| Botanical identity and authentication | Reusable | Reusable | Reusable | Adapt | FDA's botanical drug guidance relies on raw-material control beyond identity. |
| Composition profile and analytical methods | Reusable | Reusable | Reusable | Adapt | Testing of a drug falls under drug cGMP, Parts 210/211. |
| Process knowledge: extraction, enrichment, drying | Reusable | Reusable | Reusable | Adapt | The science carries over; the manufacturing rule changes with the category. |
| Contaminant limits | Adapt | Adapt | Adapt | Adapt | Acceptable limits depend on dose, route and frequency of exposure. |
| Oral safety evidence | Reusable | Adapt | Adapt | Adapt | Food intake can exceed supplement intake, and skin needs local data. For a lawfully marketed supplement with similar prior use, FDA may let initial clinical studies proceed without further nonclinical testing. |
| Stability data | New work | New work | New work | New work | Stability belongs to a formulation in a package, not to the ingredient alone. |
| Human efficacy evidence | New work | New work | New work | New work | Each claim needs evidence for that product, population, dose and endpoint. |
| Claims and labeling | New work | New work | New work | New work | Each category has its own claim rules and label regulations. |
Sources: Regulation (EU) 2015/2283, Art. 3(2)(a) and 6(2); Directive 2002/46/EC, Art. 2(a); European Commission food supplements page; Regulation (EC) No 1223/2009, Art. 4, 10 and 13; SOR/2003-196, ss. 4, 8 and 27; TGA, "Listed complementary medicines" (page dated May 4, 2018); Consumer Affairs Agency of Japan, Foods with Function Claims page. Detail on the international market access page.
| Jurisdiction and category | Entry requirement | Common mistake |
|---|---|---|
| European Union, novel foods (Regulation (EU) 2015/2283) | A food not consumed to a significant degree in the EU before May 15, 1997 needs authorization and inclusion in the Union list. | Assuming use outside the EU exempts it. The test is consumption within the EU. |
| European Union, food supplements (Directive 2002/46/EC) | Vitamins and minerals are harmonized. Botanicals and other substances remain under national rules. | Calling a botanical "EU-approved." No EU-wide botanical positive list exists. |
| European Union, cosmetics (Regulation (EC) No 1223/2009) | An EU responsible person, a safety assessment with a product safety report, and electronic notification before sale. | Calling the notification an approval. |
| Canada, natural health products (SOR/2003-196) | A product licence (eight-digit NPN) before sale, and a site licence to manufacture, package, label or import. | Selling under a U.S. supplement label without a product licence. |
| Australia, listed complementary medicines | Listing (AUST L) with permitted low-risk ingredients and indications, made under GMP. The TGA does not evaluate efficacy at listing. | Calling it "TGA approved." Listed medicines are listed, not registered. |
| Japan, Foods with Function Claims | The business notifies the Consumer Affairs Agency before sale, including the scientific basis. The government does not review the claim. | Calling the claim government-approved. |
Describe the material, the intended use and the market. EUTECNIQ would reply with the questions a feasibility assessment would need to answer.