"No approval needed" is the part everyone hears — and the part that trips companies up. The obligations are real; they just apply differently than for drugs.
| Requirement | What it means | Where it lives |
|---|---|---|
| Facility registration | The maker/packer/holder registers as a food facility; foreign facilities add a U.S. Agent | 21 CFR Part 1, Subpart H |
| cGMP | Identity/purity testing, process controls, batch records | 21 CFR Part 111 |
| Labeling | Supplement Facts panel, identity, net quantity, ingredients, firm name/address | 21 CFR 101.36 |
| Claims | Structure/function allowed with disclaimer; disease claims prohibited | FD&C Act / DSHEA |
| New Dietary Ingredients | 75-day premarket notification with safety data | 21 CFR 190.6 |
| Adverse events | Receive and report serious adverse events; label contact | AER Act (2006) |
The single most expensive error in this category is claiming too much. The line is simple to state and easy to cross:
If an ingredient wasn't marketed in the U.S. before October 15, 1994, it may be a New Dietary Ingredient — requiring a notification with safety data at least 75 days before marketing (21 CFR 190.6), unless it's been in the food supply unaltered. FDA's acknowledgment isn't a safety finding or approval.
Imported supplements need a registered facility, a U.S. Agent, and prior notice per shipment — and the U.S. importer carries FSVP duties (modified for supplements). Gaps here mean held or refused entries.
The maker/packer/holder registers with FDA; foreign facilities add a U.S. Agent.
Follow 21 CFR Part 111 — identity testing, process controls, batch records.
Flag any ingredient new since Oct 15, 1994, and notify FDA 75 days ahead if needed.
Supplement Facts panel, identity, net quantity, ingredients, firm info — and lawful claims.
Put a system in place to receive and report serious adverse events.
Registration, U.S. Agent, prior notice, and FSVP all in place before the first shipment.
FDA Registration Assistance registers supplement facilities, serves as U.S. Agent, reviews Supplement Facts labels and claims, and helps assess NDI status and import requirements — so the pieces line up before you sell.
Contact us at info@fdaregistrationassistance.com or call +1 (928) 275-8333. Trusted by companies across 135+ countries, with 15+ years of experience.
Yes — under DSHEA (1994), which treats them as a category of food, not drugs. They don't need approval before sale, but must meet requirements for manufacturing, labeling, claims, and safety, with FDA oversight mainly after market.
No — unlike drugs, there's no premarket approval. The manufacturer is responsible for a safe, properly labeled product; FDA can act against unsafe or misbranded supplements once they're on the market.
Yes — the facility that makes, packs, or holds the supplement registers as a food facility, and foreign facilities add a U.S. Agent. Registration identifies the facility; it isn't product approval.
The dietary supplement cGMP rule, 21 CFR Part 111, requires identity and purity testing, process controls, qualified staff, and batch records so products match their labels. It's been enforced since 2010.
A statement of identity, net quantity, a Supplement Facts panel (21 CFR 101.36), a full ingredient list, the firm's name and address, and any required disclaimer. Labeling errors are a leading reason supplements draw FDA attention.
Structure/function claims (e.g., "supports normal immune function"), but not disease claims. Structure/function claims must carry the DSHEA disclaimer and be notified to FDA within 30 days of first marketing.
Your product can be treated as an unapproved new drug — a serious problem and a common warning-letter trigger. See our pages on label warning letters and the supplement label crackdown.
An ingredient not marketed in the U.S. before October 15, 1994. If your product contains one, you generally submit an NDI notification with safety data at least 75 days before marketing (21 CFR 190.6), unless it's been in the food supply unaltered.
No — FDA acknowledges and reviews it, but acknowledgment isn't a finding that the ingredient or product is safe or approved. You remain responsible for safety and lawful marketing.
Yes — companies must receive and report serious adverse events to FDA and include a contact for reports on the label. It's a standing obligation, not optional.
Imports need a registered facility with a U.S. Agent, prior notice per shipment, and compliant labeling, plus the importer's FSVP obligations (modified for supplements). Gaps mean held or refused entries.
FDA's supplement program has been modernizing its cGMP and labeling framework and working toward updated NDI guidance. A "mandatory product listing" has been proposed in Congress but isn't currently law — today's requirements apply.
You can. Many use a firm because registration, cGMP, label review, NDI status, and imports are where costly mistakes happen. The requirements are the same either way.
It registers supplement facilities, serves as U.S. Agent, reviews labels and claims, and helps assess NDI and import requirements for companies across 135+ countries. Contact info@fdaregistrationassistance.com or +1 (928) 275-8333.