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Dietary supplements Proposed service Law checked October 22, 2026

A dietary supplement reaches the market without FDA approval, so its specification, safety basis and claim evidence carry the weight

For supplement brands, contract manufacturers and ingredient suppliers: the rules that apply, what FDA investigators cite most, the stages and tests EUTECNIQ proposes, and the documents a customer would receive.

Status. EUTECNIQ is in formation. It does not yet test, make or sell supplements or ingredients. The services below are proposals; legal statements summarize U.S. federal law as of October 22, 2026 and are not legal advice.

1,938Part 111 citations on FDA Form 483s in fiscal 2025, the most in any year from FY2014 (FDA data)
759of them under Subpart E, which holds specifications (§ 111.70) and identity and other tests (§ 111.75)
38CFR rule sets mapped for a supplement maker that imports, tests and uses endorsements
75 daysminimum notice to FDA before marketing a new dietary ingredient (21 CFR 190.6)
The journey

Three kinds of supplement business, one evidence file: the rules, stages and documents each would use

Choose a customer to follow its path from the rules to the documents it would receiveProposed service flow
Rules: eCFR, up to date as of October 21, 2026 (links open eCFR). Stages and documents are EUTECNIQ proposals; EUTECNIQ has no laboratory yet. Documents are described in the deliverables library.
Text version: customers, rules, stages and documents

Customers

  • Supplement brands Need an ingredient described precisely, a claim they can defend and supplier data their quality unit can verify.
  • Contract manufacturers Need ingredients that pass identity testing on receipt and run predictably in capsules, tablets, gummies or liquids.
  • Ingredient suppliers Need a specification, a safety basis and format data that set their material apart from a cheaper extract with the same name.

Rules that apply

  • 21 CFR Part 111 Supplement CGMP: specifications, an identity test on each dietary ingredient, batch records.
  • 21 CFR 101.36 and 101.93 Supplement Facts panel; structure/function notice and disclaimer.
  • 21 CFR 190.6 New dietary ingredient notification at least 75 days before marketing.
  • 21 CFR Part 117 Food CGMP and preventive controls for ingredient-only operations.
  • 21 CFR Part 1, Subpart L Foreign supplier verification by importers; § 1.511 for supplements.

Platform stages and tests (proposed)

What the customer would receive

FDA states that "under DSHEA, FDA does not have the authority to approve dietary supplements before they are marketed." The firm's specification, safety basis and claim evidence are therefore what buyers and regulators examine. FDA, "Questions and Answers on Dietary Supplements," content current as of August 27, 2026.

Regulatory frame

DSHEA defines the category; Part 111, the NDI provisions and the labeling rules set the obligations

Thirty-eight CFR rule sets touch a supplement maker that imports botanicals, tests them and uses endorsementseCFR counts

Area is the number of sections in eCFR, a measure of length, not of importance. A "*" marks rules that apply only in the circumstances they name. Select a part to open it in eCFR.Applicability as mapped on the CFR atlas (try its part finder); section counts from the eCFR API, up to date as of October 21, 2026. Orientation, not legal advice.
Data table: every rule set in the treemap
CFR parts for a supplement maker: A U.S. supplement maker that imports botanicals, runs a laboratory and uses endorsements (eCFR section counts)
Rule setWhat it coversAgency groupeCFR sectionsLevel
21 CFR Part 111Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements. CGMP for anyone who makes, packages, labels or holds a dietary supplement, including identity tests of dietary ingredients.FDA · 21 CFR84Applies
21 CFR Part 117Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food. CGMP, hazard analysis and preventive controls for human food, including dietary ingredients.FDA · 21 CFR61Check
21 CFR Part 101Food Labeling. Food labels: Supplement Facts (§ 101.36), health claims (§ 101.14) and structure/function statements (§ 101.93).FDA · 21 CFR50Applies
21 CFR Part 1, Subpart RLaboratory Accreditation for Analyses of Foods. Certain food tests, such as tests to support admission of an import, must be run by a LAAF-accredited laboratory.FDA · 21 CFR42Check
21 CFR Part 58Good Laboratory Practice for Nonclinical Laboratory Studies. Good laboratory practice for nonclinical studies supporting the FDA submissions listed in § 58.3; NDINs are not listed.FDA · 21 CFR36Check
21 CFR Part 1, Subpart OSanitary Transportation of Human and Animal Food. Shippers, loaders, carriers and receivers keep food safe during transport; § 1.900(b) lists exempt operations.FDA · 21 CFR18Check
21 CFR Part 1, Subpart LForeign Supplier Verification Programs for Food Importers. Importers verify that foreign suppliers produce food safely; § 1.511 modifies the program for dietary supplements.FDA · 21 CFR15Applies
21 CFR Part 1, Subpart HRegistration of Food Facilities. Facilities that make, process, pack or hold food for U.S. consumption register with FDA and renew every two years.FDA · 21 CFR14Applies
21 CFR Part 1, Subpart JEstablishment, Maintenance, and Availability of Records. Keep records of the immediate previous source and the immediate subsequent recipient of food.FDA · 21 CFR13Applies
21 CFR Part 1, Subpart DElectronic Import Entries. Lists the data FDA needs in each electronic customs entry of an FDA-regulated article.FDA · 21 CFR12Applies
21 CFR Part 1, Subpart IPrior Notice of Imported Food. Imported food needs prior notice to FDA: at least 2 hours before arrival by road, 4 by rail or air, 8 by water.FDA · 21 CFR10Applies
21 CFR Part 7, Subpart CEnforcement Policy. FDA's recall policy: recalls are voluntary actions, classified by health hazard, with a recall strategy.FDA · 21 CFR10Check
21 CFR Part 11Electronic Records; Electronic Signatures. Electronic records and signatures that meet FDA record rules must be trustworthy, reliable and equivalent to paper.FDA · 21 CFR10Applies
21 CFR Part 1, Subpart EImports and Exports. FDA import sampling, hearings and relabeling of refused goods, and the records kept for certain exports.FDA · 21 CFR9Check
21 CFR Part 190Dietary Supplements. A new dietary ingredient needs notification to FDA at least 75 days before marketing, unless the food-supply exception applies.FDA · 21 CFR1Check
19 CFR Part 141Entry of Merchandise. Entry of merchandise: liability for duties, who may enter, invoices, duty deposits and release.Trade: CBP, OFAC, FWS69Applies
19 CFR Part 113CBP Bonds. Customs bonds that secure payment of duties and compliance with import rules.Trade: CBP, OFAC, FWS53Applies
19 CFR Part 142Entry Process. The entry process: entry documents, entry summary, immediate delivery and line release.Trade: CBP, OFAC, FWS40Applies
19 CFR Part 134Country of Origin Marking. Country-of-origin marking of imported articles or their containers (§ 134.11).Trade: CBP, OFAC, FWS33Applies
19 CFR Part 177Administrative Rulings. Binding advance rulings from CBP, for example on tariff classification.Trade: CBP, OFAC, FWS25Check
19 CFR Part 152Classification and Appraisement of Merchandise. Tariff classification and customs valuation of imported goods.Trade: CBP, OFAC, FWS21Applies
19 CFR Part 12 (selected subject groups)Special Classes of Merchandise. CBP rules for FDA-regulated goods (§ 12.1), plants, goods made with forced labor, and goods under sanctions.Trade: CBP, OFAC, FWS16Applies
19 CFR Part 149Importer Security Filing. Importer Security Filing for ocean cargo; core data due 24 hours before loading at the foreign port.Trade: CBP, OFAC, FWS6Check
7 CFR Part 319Foreign Quarantine Notices. Conditions for importing plants and plant products that can carry pests; they depend on the commodity and origin.USDA · 7 CFR128Check
7 CFR Part 330Federal Plant Pest Regulations; General; Plant Pests, Biological Control Organisms, and Associated Articles; Garbage. Restrictions on moving plant pests, biological control organisms and associated articles, and on garbage.USDA · 7 CFR24Check
7 CFR Part 357Control of Illegally Taken Plants. Lacey Act plant declaration (§ 357.3): required for tariff codes on APHIS's phase-in schedule; "plant" excludes common cultivars and common food crops (§ 357.2). CFR atlasUSDA · 7 CFR4Check
40 CFR Part 180Tolerances and Exemptions for Pesticide Chemical Residues in Food. Tolerances and exemptions for pesticide residues in food; inert-ingredient exemptions are in §§ 180.910–180.960.EPA · 40 CFR755Applies
40 CFR Part 261Identification and Listing of Hazardous Waste. Which wastes are hazardous: ignitable wastes (§ 261.21) and listed wastes such as spent solvents (§ 261.31).EPA · 40 CFR83Check
40 CFR Part 262Standards Applicable to Generators of Hazardous Waste. Duties of hazardous-waste generators, scaled by generator category.EPA · 40 CFR66Check
16 CFR Part 465Rule on the Use of Consumer Reviews and Testimonials. Bans fake reviews and testimonials, buying sentiment-conditioned reviews, insider reviews and review suppression.FTC and CPSC · 16 CFR8Applies
16 CFR Part 1700Poison Prevention Packaging. Child-resistant packaging, including supplements with 250 mg or more elemental iron per package (§ 1700.14(a)(13)).FTC and CPSC · 16 CFR8Check
16 CFR Part 255Guides Concerning Use of Endorsements and Testimonials in Advertising. How the FTC applies Section 5 of the FTC Act to endorsements and testimonials in advertising.FTC and CPSC · 16 CFR7Applies
29 CFR 1910.1200Hazard communication.. Hazard communication: hazard classification, labels, safety data sheets and worker training.OSHA · 29 CFR1Applies
29 CFR 1910.132General requirements.. Workplace hazard assessment and personal protective equipment.OSHA · 29 CFR1Applies
29 CFR 1910.134Respiratory protection.. Respiratory protection programs where respirators are needed.OSHA · 29 CFR1Check
29 CFR 1910.147The control of hazardous energy (lockout/tagout).. Lockout/tagout of hazardous energy during servicing and maintenance of machines.OSHA · 29 CFR1Check
29 CFR 1910.1000Air contaminants.. Permissible exposure limits for air contaminants, such as solvent vapors.OSHA · 29 CFR1Check
29 CFR 1910.1450Occupational exposure to hazardous chemicals in laboratories.. Chemical hygiene plan and exposure controls for laboratory use of hazardous chemicals.OSHA · 29 CFR1Applies
Total38 rule sets; 20 apply, the rest apply only in the circumstances they name17371213 in rules that apply
Five federal obligations follow a botanical supplement from definition to marketStatute, regulation, final guidance
Federal obligations along a botanical supplement's life: the DSHEA definition, the new dietary ingredient provisions, Part 111 manufacturing, labeling rules and marketing without premarket approvalDefine the productNew ingredientMake, pack, label, holdLabelMarketDSHEA, 21 U.S.C. 321(ff)•"Intended to supplementthe diet"; dietaryingredients include "anherb or other botanical"and its extracts•For ingestion; not aconventional food or soleitem of a meal•Labeled as a dietarysupplementStatute21 U.S.C. 350b; 21 CFR 190.6•Not marketed in the U.S.before Oct 15, 1994: notifyFDA at least 75 daysbefore marketing•Unless every ingredient isin the food supply in aform not chemicallyaltered•"FDA does not approveNDI notifications"Statute · final guidance21 CFR Part 111•Specifications for identity,purity, strength,composition;contamination limits•At least one identity teston each dietary ingredientbefore use•Part 111 is not drug cGMPFinal rule21 CFR 101.36, 101.4(h)•Supplement Facts panel•Botanicals named as inHerbs of Commerce(1992), with the plant part•Major food allergens,sesame since Jan 1, 2023Final ruleNo premarket approval•FDA does not approve theproduct or its labeling•The firm is responsible forsafety and lawful labeling;FDA acts after marketing•Structure/function claims:notice within 30 days,disclaimerStatuteSummary of U.S. federal law as of October 22, 2026; not legal advice. Sources in the caption.Federal obligations along a botanical supplement's life: the DSHEA definition, the new dietary ingredient provisions, Part 111 manufacturing, labeling rules and marketing without premarket approvalDSHEA, 21 U.S.C. 321(ff)1. Define the product•"Intended to supplement the diet"; dietaryingredients include "an herb or other botanical" andits extracts•For ingestion; not a conventional food or sole item ofa meal•Labeled as a dietary supplementStatute21 U.S.C. 350b; 21 CFR 190.62. New ingredient•Not marketed in the U.S. before Oct 15, 1994: notifyFDA at least 75 days before marketing•Unless every ingredient is in the food supply in aform not chemically altered•"FDA does not approve NDI notifications"Statute · final guidance21 CFR Part 1113. Make, pack, label, hold•Specifications for identity, purity, strength,composition; contamination limits•At least one identity test on each dietary ingredientbefore use•Part 111 is not drug cGMPFinal rule21 CFR 101.36, 101.4(h)4. Label•Supplement Facts panel•Botanicals named as in Herbs of Commerce (1992),with the plant part•Major food allergens, sesame since Jan 1, 2023Final ruleNo premarket approval5. Market•FDA does not approve the product or its labeling•The firm is responsible for safety and lawful labeling;FDA acts after marketing•Structure/function claims: notice within 30 days,disclaimerStatuteSummary of U.S. federal law as of October 22, 2026; notlegal advice. Sources in the caption.
21 U.S.C. 321(ff) (DSHEA, Pub. L. 103-417, October 25, 1994), 350b; 21 CFR 111.1, 111.70(e), 111.75(a)(1)(i), 190.6, 101.36, 101.4(h); FDA final NDI guidance, docket FDA-2025-D-6501 (October 19, 2026); FDA Q&A on dietary supplements (August 27, 2026); FDA, Food Allergies (March 11, 2026).
Text version of the regulatory frame
Definition Statute
A product "intended to supplement the diet" containing dietary ingredients, including "an herb or other botanical" and "a concentrate, metabolite, constituent, extract, or combination" of such ingredients. It must be intended for ingestion, not represented as a conventional food or a sole item of a meal, and labeled as a dietary supplement. 21 U.S.C. 321(ff), added by DSHEA, Pub. L. 103-417 (October 25, 1994).
Premarket review Statute
No FDA approval of the product or its labeling. The firm is responsible for safety and lawful labeling, and FDA acts after marketing. FDA Q&A on dietary supplements (August 27, 2026).
Manufacturing Final rule
21 CFR Part 111 applies to anyone who manufactures, packages, labels or holds a dietary supplement. It requires specifications for identity, purity, strength and composition and limits on contamination, and at least one appropriate identity test on each dietary ingredient before use. Part 111 is not drug cGMP. 21 CFR 111.1, 111.70(e), 111.75(a)(1)(i).
New dietary ingredients Statute Final guidance
An ingredient not marketed in the United States before October 15, 1994 needs a notification to FDA at least 75 days before marketing, unless the supplement contains only dietary ingredients present in the food supply as an article used for food in a form not chemically altered. FDA finalized guidance on the identity and safety content of notifications on October 19, 2026. "FDA does not approve NDI notifications." 21 U.S.C. 350b; 21 CFR 190.6; FDA final guidance, docket FDA-2025-D-6501.
Labeling Final rule
A Supplement Facts panel. Botanicals are named as in Herbs of Commerce (1992) and listed with the part of the plant used. Major food allergen labeling, including sesame since January 1, 2023, applies to supplements. 21 CFR 101.36, 101.4(h); FDA, "Food Allergies" (March 11, 2026).
Inspection record

FDA investigators cite production and process controls most, and the count reached 1,938 citations in fiscal year 2025

Part 111 citations on FDA Form 483s by subpart, fiscal years 2014 to 2025FDA data
Subpart E holds § 111.70 (specifications) and § 111.75 (identity and other tests), the two most-cited sections every year. A citation is an investigator's observation, not a final agency finding; counts are not rates, because the number of inspections changes from year to year. Select a column heading to sort.FDA, Inspection observations spreadsheets, Foods tab, FY2014–FY2025 (page content current as of December 16, 2025; files read October 24, 2026); Form 483s from FDA's electronic inspection tools only. Counted by EUTECNIQ by section number.
Data table: citations by subpart and fiscal year
Form 483 citations under 21 CFR Part 111 by subpart and fiscal year (FDA inspection observations, Foods tab)
FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021FY2022FY2023FY2024FY2025
Subpart B: Personnel534555614644262128383753
Subpart C: Physical plant and grounds728175907163241735275367
Subpart D: Equipment and utensils856366837282423445466975
Subpart E: Production and process control system470385529617545490290260459423614759
Subpart F: Quality control160154181197184198112120179169205216
Subpart G: Components, packaging and labels received425057616645281618373643
Subpart H: Master manufacturing record151139140161128117914510192156188
Subpart I: Batch production record1571301611511511161155810097153163
Subpart J: Laboratory operations29213129192861333233377
Subpart K: Manufacturing operations35243227262171021163049
Subpart L: Packaging and labeling operations443255405441292037293837
Subpart M: Holding and distributing89558611910176413463726372
Subpart N: Returned dietary supplements584456847950211942534865
Subpart O: Product complaints9663881129071353250484566
Subpart P: Records and recordkeeping88131082457338
All of Part 1111,5491,2941,6251,8421,6401,4448717041,2181,1731,5831,938

Process controls, quality control and batch records (Subparts E, F, H and I) drew 1,326 of the 1,938 fiscal 2025 citations, 68%.

Formats

Each format sets its own limit on dose, stability and taste

Six supplement formats and the constraint each puts on a botanical extractEUTECNIQ planning view
Six supplement formats with the main constraint each puts on a botanical extract and what to watch in stabilityHard capsulesFill volume caps the dose per capsule; low-densityor sticky extracts fill poorly.•Watch in stability: Moisture uptake; brittle whendry, soft when humidTabletsHigh extract loads compact poorly and may needbinders that slow disintegration.•Watch in stability: Hardness drift, moisture,slower disintegration with ageSoftgelsThe fill must not attack the shell; water and somesolvents migrate.•Watch in stability: Oxidation, fill-shell migration,slower opening as the shell agesGummiesCooking heat, the acid that sets pectin gels andstrong flavors limit the active load.•Watch in stability: Loss in cooking, moisturemigration, piece-to-piece uniformityPowdersWetting and dispersion in water, taste and caking.•Watch in stability: Caking from moisture, colorchange, oxidationLiquids and shotsSolubility versus dispersibility, preservation and pH;a liquid sold as a conventional food is not asupplement.•Watch in stability: Creaming or sediment,microbial growth, degradation in solutionGeneral formulation engineering offered as EUTECNIQ's planning view; the full table is in the folded panel.Six supplement formats with the main constraint each puts on a botanical extract and what to watch in stabilityHard capsulesFill volume caps the dose per capsule; low-density orsticky extracts fill poorly.•Watch in stability: Moisture uptake; brittle when dry, softwhen humidTabletsHigh extract loads compact poorly and may need bindersthat slow disintegration.•Watch in stability: Hardness drift, moisture, slowerdisintegration with ageSoftgelsThe fill must not attack the shell; water and some solventsmigrate.•Watch in stability: Oxidation, fill-shell migration, sloweropening as the shell agesGummiesCooking heat, the acid that sets pectin gels and strongflavors limit the active load.•Watch in stability: Loss in cooking, moisture migration,piece-to-piece uniformityPowdersWetting and dispersion in water, taste and caking.•Watch in stability: Caking from moisture, color change,oxidationLiquids and shotsSolubility versus dispersibility, preservation and pH; aliquid sold as a conventional food is not a supplement.•Watch in stability: Creaming or sediment, microbialgrowth, degradation in solutionGeneral formulation engineering offered as EUTECNIQ'splanning view; the full table is in the folded panel.
General formulation engineering. Liquids: 21 U.S.C. 321(ff)(2)(B); FDA, "Distinguishing Liquid Dietary Supplements from Beverages" (final guidance, January 2014, docket FDA-2009-D-0542).
In a microcapsule, a thicker wall slows diffusion of the active but leaves less volume for the coreSchematic; computed geometry
Cross-section of a spherical microcapsule: an oil core holding the active, surrounded by a wall of thickness delta. Two smaller sketches contrast a reservoir capsule with one core and a matrix particle with many small droplets embedded in the wall material. Beside them, the core volume fraction equation and the steady-state diffusion equation for a spherical shell, with a computed curve showing that a thicker wall slows release but leaves less room for the core.
Steady-state diffusion through a spherical shell: Crank J. The Mathematics of Diffusion. 2nd ed. Clarendon Press; 1975. Reservoir and matrix types: Gharsallaoui A, Roudaut G, Chambin O, Voilley A. Food Res Int 2007;40:1107–1121. Worked values are arithmetic. Generated illustration, EUTECNIQ. Full-size SVG
Show the table (6 rows): Supplement formats with what each suits, the main constraint for botanicals, what to watch
Supplement formats with what each suits, the main constraint for botanicals, what to watch in stability, and the work EUTECNIQ proposes.
FormatSuitsMain constraint for botanicalsWatch in stabilityProposed EUTECNIQ work
Hard capsules gelatin or HPMC shellsDry extracts, powders, beadlets.Fill volume caps the dose per capsule; low-density or sticky extracts fill poorly.Moisture uptake; shells turn brittle when dry and soft when humid.Powder flow and density, excipient compatibility, fill-weight trials.
TabletsCompressible extracts at moderate doses.High extract loads compact poorly and may need binders that slow disintegration.Hardness drift, moisture, slower disintegration with age.Compaction and disintegration studies, coating selection.
SoftgelsOils, oleoresins and lipid-based fills.The fill must not attack the shell; water and some solvents migrate.Oxidation, fill-shell migration, shell aging that slows opening.Fill design, antioxidant choice, shell compatibility tests.
GummiesLow-dose, palatable actives.Cooking heat, the acid needed to set pectin gels, and strong flavors limit the active load.Active loss during cooking, moisture migration, piece-to-piece uniformity.Heat-stability screening, taste masking, an assay that recovers the active from the gel.
Powders stick packs, tubsHigher doses mixed into water or food.Wetting and dispersion in water, taste, caking.Caking from moisture, color change, oxidation.Spray-dried or agglomerated forms; wettability and flow tests.
Liquids and shotsSoluble or emulsified actives at measured doses.Solubility versus dispersibility, preservation and pH. A liquid represented as a conventional food is not a supplement.Creaming or sediment, microbial growth, degradation in solution.Solubilization or emulsion design, preservative system, real-time stability.
Explanation, details and sources

A botanical extract that works in a capsule may fail in a gummy or a shot. The format is chosen early because it changes the specification and the stability program. Emulsion physics is on the emulsions page; drying on the drying and particle engineering page.

Claims

A structure/function claim is lawful only with notification, the disclaimer and evidence behind it

Four steps make a structure/function claim lawful; a disease endpoint needs an IND even to studyStatute and regulation
A structure/function claim is lawful only after four steps: substantiation, notification within 30 days, the disclaimer, and no disease claim; studying a disease endpoint needs an IND, studying a structure or function endpoint does not1. Substantiate before use2. Notify FDA3. Carry the disclaimer4. Stay out of disease claimsTruthful, not misleading; FTC:"competent and reliable scientificevidence", generally randomizedcontrolled human trialsNo later than 30 days after firstmarketing: claim text, ingredient,product name, signed certification"This statement has not beenevaluated by the Food and DrugAdministration…"A disease claim makes thesupplement a drug, unless it is anauthorized health claim the productqualifies forStudying the claim: FDA's examples of endpoints in human studies of dietary supplementsNo IND needed for the studyStructure or function endpoint•Guarana and maximal oxygen uptake•Fiber and bowel regularityIND needed, under 21 CFR Part 312Disease endpoint•Preventing osteoporosis•Treating chronic diarrhea or constipationStructure/function claim steps and study endpoints1. Substantiate before useTruthful, not misleading; FTC: "competent and reliablescientific evidence", generally randomized controlledhuman trials2. Notify FDANo later than 30 days after first marketing: claim text,ingredient, product name, signed certification3. Carry the disclaimer"This statement has not been evaluated by the Foodand Drug Administration…"4. Stay out of disease claimsA disease claim makes the supplement a drug, unlessit is an authorized health claim the product qualifies forNo IND neededStructure or function endpoint•Guarana and maximal oxygen uptake•Fiber and bowel regularityIND needed (21 CFR Part 312)Disease endpoint•Preventing osteoporosis•Treating chronic diarrhea or constipation
21 U.S.C. 343(r)(6); 21 CFR 101.93(a) and (f); FDA, Substantiation for Dietary Supplement Claims (final guidance, January 2009, FDA-2004-D-0303); FTC, Health Products Compliance Guidance (December 20, 2022); FDA, IND guidance (September 2013), Section VI.D.1.
Text version of the four steps and the study examples
  1. Substantiate before use.The firm must have substantiation that the statement is truthful and not misleading. FDA's 2009 guidance applies a standard consistent with the FTC's. The FTC calls its standard "competent and reliable scientific evidence" and says health benefits generally "will need to be in the form of randomized, controlled human clinical testing."
  2. Notify FDA.No later than 30 days after first marketing, with the claim text, the ingredient and the product name, signed by a person who certifies the firm has substantiation.
  3. Carry the disclaimer.Exactly as quoted on the left.
  4. Stay out of disease claims.A supplement with a disease claim is regulated as a drug, unless the claim is an authorized health claim for which the product qualifies.

21 U.S.C. 343(r)(6); 21 CFR 101.93(a) and (f); FDA, "Substantiation for Dietary Supplement Claims Made Under Section 403(r)(6)" (final guidance, January 2009, docket FDA-2004-D-0303); FTC, Health Products Compliance Guidance (December 20, 2022).

FDA examples of structure/function endpoints and disease endpoints in human studies of dietary supplements.
FDA exampleKind of endpointIND needed for a study?
Guarana and maximal oxygen uptakeStructure or functionNo
Fiber and bowel regularityStructure or functionNo
Preventing osteoporosisDiseaseYes, under 21 CFR Part 312
Treating chronic diarrhea or constipationDiseaseYes, under 21 CFR Part 312
How the disclaimer attaches to a claimLayout illustration

[Product name]

Dietary supplement

[A statement about a structure or function of the body]†

†This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

The disclaimer sits next to the claim or is linked to it by a symbol; it appears on each panel bearing a claim, boxed when not adjacent, in boldface type at least 1/16 inch high. With more than one claim the plural form is used: "These statements have not been evaluated…". 21 CFR 101.93(c) to (e). Text of the disclaimer quoted from 101.93(c).

FDA, "Investigational New Drug Applications (INDs): Determining Whether Human Research Studies Can Be Conducted Without an IND" (September 2013), Section VI.D.1, which is not stayed. More on the clinical research page.

Explanation, details and sources

A structure/function statement describes how a nutrient or dietary ingredient affects the structure or function of the body. It "may not claim to diagnose, mitigate, treat, cure, or prevent a specific disease or class of diseases."

Differentiation

Buyers pay for an ingredient when its differences can be measured and defended

Each step is something a customer's quality unit or a reviewer can check.

Seven measurable differences, from what every ingredient needs to what few achieveEUTECNIQ view
Seven measurable differences a buyer will pay for, as a staircase from what every ingredient needs (verified identity) to what only a few achieve (a protectable process or formulation)Step 1Verified identitySpecies, plant partand, where itmatters,chemotype, byorthogonal methodsStep 2A definedcompositionSpecification with arepeatable identitymethod and limitson markers andcontaminantsStep 3Lot-to-lotconsistencyData across lots,not a singlecertificate ofanalysisStep 4A documentedsafety basisFor the intendeddaily amount andthe intended usersStep 5A form that worksin the formatFlow, dispersion,taste and stabilityshown in the targetproductStep 6Human evidencefor a specificclaimWith this ingredient,at this dose, in therelevant populationStep 7A protectableprocess orformulationSomething acompetitor cannotcopy by buying thesame plantEvery ingredient needs the first stepsOnly a few achieve the lastSeven differentiation steps, top is rarestTop: only a few achieve. Bottom: every ingredient needs.7. A protectable process or formulationSomething a competitor cannot copy by buying thesame plant6. Human evidence for a specific claimWith this ingredient, at this dose, in the relevantpopulation5. A form that works in the formatFlow, dispersion, taste and stability shown in the targetproduct4. A documented safety basisFor the intended daily amount and the intended users3. Lot-to-lot consistencyData across lots, not a single certificate of analysis2. A defined compositionSpecification with a repeatable identity method andlimits on markers and contaminants1. Verified identitySpecies, plant part and, where it matters, chemotype,by orthogonal methods
A commercial judgment, not a regulatory requirement.
Text version of the seven steps
  1. Verified identitySpecies, plant part and, where it matters, chemotype, confirmed by orthogonal methods.
  2. A defined compositionA specification with a repeatable identity method and limits on markers and contaminants.
  3. Lot-to-lot consistencyData across lots, not a single certificate of analysis.
  4. A documented safety basisFor the intended daily amount and the intended users.
  5. A form that works in the formatFlow, dispersion, taste and stability shown in the target product.
  6. Human evidence for a specific claimGenerated with this ingredient, at this dose, in the relevant population.
  7. A protectable process or formulationSomething a competitor cannot copy by buying the same plant.
What EUTECNIQ proposes

Laboratory and development work in house; studies, manufacturing and legal review with partners

Laboratory and development work in house; studies, manufacturing and legal review with partnersProposed External partners
Proposed division of supplement work: testing, specifications, prototypes, stability and regulatory analysis in house; toxicology, human studies, manufacturing and legal review with partnersCharacterizeFormulateRegulatory andclaimsSafety and humanevidenceManufactureEUTECNIQ in-houseOnce its laboratoryexists; proposedIdentity andcomposition testing ofcandidate ingredientsSpecification andtest-methoddevelopmentPrototypeformulations in the sixformatsStability programdesign and testingRegulatory routeassessment and NDIdossier supportScientific review ofthe evidence behind aclaimNoneNoneQualified partnersExternal; contractedNoneNoneRegulatory counselreviews labels andclaimsToxicology studies atcontract researchorganizationsHuman studies atclinical sites with IRBoversightPart 111 contractmanufacturers, orlater EUTECNIQ'splanned facilityProposed division of supplement work: testing, specifications, prototypes, stability and regulatory analysis in house; toxicology, human studies, manufacturing and legal review with partnersEUTECNIQ in-house (proposed)Qualified partners1. CharacterizeEUTECNIQ in-houseIdentity and composition testing of candidateingredientsSpecification and test-method development2. FormulateEUTECNIQ in-housePrototype formulations in the six formatsStability program design and testing3. Regulatory and claimsEUTECNIQ in-houseRegulatory route assessment and NDI dossiersupportScientific review of the evidence behind a claimQualified partnersRegulatory counsel reviews labels and claims4. Safety and human evidenceQualified partnersToxicology studies at contract researchorganizationsHuman studies at clinical sites with IRB oversight5. ManufactureQualified partnersPart 111 contract manufacturers, or laterEUTECNIQ's planned facility
EUTECNIQ proposal. See the facilities roadmap and the planned quality system.
Text version of the division of work

In-house, once the laboratory exists Proposal

  • Identity and composition testing of candidate ingredients.
  • Specification and test-method development.
  • Prototype formulations in the formats above.
  • Stability program design and testing.
  • Regulatory route assessment and support for NDI dossier preparation.
  • Scientific review of the evidence behind a proposed claim.

With qualified partners External partner

  • Toxicology studies at contract research organizations.
  • Human studies at clinical sites with IRB oversight.
  • Commercial manufacturing at Part 111 contract manufacturers, or later in EUTECNIQ's planned facility.
  • Legal review of labels and claims by regulatory counsel.

See the facilities roadmap and the planned quality system.

Evidence levels

Five levels of evidence, and what each can support on a supplement label

Identity and safety evidence are required; human outcome data are what a benefit claim needsRoles per regulation and FTC guidance
Five levels of evidence and what each can support on a supplement labelLevel, and what it showsWhat it cannot showRole for dietary supplements5Human outcomeThe claimed effect in people, under controlledconditionsEffects outside the studied product,dose and populationGenerally expected for a structure/function benefitclaim4ExposureHow much reaches the gut lumen or the bloodBenefit, or safety at the higherexposureGuides formulation; a statement about absorptionneeds data on the product itself in people3Biological activityA plausible mechanism, in cells or animalsAn effect in peopleSupports the rationale; alone it does not substantiatea benefit claim2SafetySafe at the intended use and exposureBenefitRequired: a new dietary ingredient needs a safetybasis notified to FDA; no supplement may beadulterated1Identity and compositionThe material is what the label says, at a definedstrengthSafety or benefitRequired: Part 111 specifications and identity testingEach level answers its own question; none substitutes for the one above it.Five levels of evidence and what each can support on a supplement labelLevel 5 at the top; role for dietary supplements in the boxes5Human outcomeThe claimed effect in people, under controlledconditionsCannot show: Effects outside the studied product,dose and populationGenerally expected for a structure/functionbenefit claim4ExposureHow much reaches the gut lumen or the bloodCannot show: Benefit, or safety at the higherexposureGuides formulation; a statement aboutabsorption needs data on the product itself inpeople3Biological activityA plausible mechanism, in cells or animalsCannot show: An effect in peopleSupports the rationale; alone it does notsubstantiate a benefit claim2SafetySafe at the intended use and exposureCannot show: BenefitRequired: a new dietary ingredient needs asafety basis notified to FDA; no supplementmay be adulterated1Identity and compositionThe material is what the label says, at a definedstrengthCannot show: Safety or benefitRequired: Part 111 specifications and identitytestingEach level answers its own question; none substitutes forthe one above it.
21 CFR 111.70, 111.75, 190.6; FTC, Health Products Compliance Guidance (2022).
Text version of the evidence levels
Evidence levels with what each shows, what it cannot show, and its role for dietary supplements.
LevelWhat it showsWhat it cannot showRole for supplements
1 Identity and compositionThe material is what the label says, at a defined strength.Safety or benefit.Required: Part 111 specifications and identity testing.
2 SafetyThe ingredient is safe at the intended use and exposure.Benefit.Required: a new dietary ingredient needs a safety basis notified to FDA; every supplement must not be adulterated.
3 Biological activityA plausible mechanism, in cells or animals.An effect in people.Supports the rationale; on its own it does not substantiate a benefit claim.
4 ExposureHow much reaches the gut lumen or the blood.Benefit, or safety at the higher exposure.Guides formulation; a statement about absorption needs data on the product itself in people.
5 Human outcomeThe claimed effect in people, under controlled conditions.Effects outside the studied product, dose and population.Generally expected for a structure/function benefit claim.

Sources for the supplement column: 21 CFR 111.70, 111.75, 190.6; FTC, Health Products Compliance Guidance (2022). Levels 3 to 5 follow the dose-to-outcome chain on the ingredient development page.

Building or upgrading a supplement ingredient?

Share the ingredient, the format and the claim you have in mind. The first reply would list the evidence gaps and the order in which to close them.