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Small Entity Compliance Guide on Structure/Function Claims

FinalHuman Foods Program01/09/2002

Description

The Food and Drug Administration has prepared this Small Entity Compliance Guide in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act (P.L. 104-121). This guidance document restates in plain language the legal requirements set forth in a regulation concerning labeling claims for dietary supplements. This is a Level 2 guidance document published for immediate implementation in accordance with FDA's good guidance practices (21 CFR 10.115). The regulations are binding and have the force and effect of law. However, this guidance document represents the agency's current thinking on this subject and does not, itself, create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statute and regulations.

Scope & Applicability

Product Classes

5
Vaccines

Products for which batch/lot information is particularly important

Antibiotics

evaluated by the Division of Anti-Infective Drug Products

Analgesics

agents used during labor and delivery

Drug

Defined in section 201(g) of the FD&C Act; Articles intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease; Product classification based on chemical action or specific intended uses like altering pH

Dietary Supplement

Products containing dietary ingredients intended to supplement the diet; The final product category for which the NDI is intended.

Stakeholders

2
Consumer

layman using the drug safely

Small Entity

Target audience for the compliance guide

Regulatory Context

Attributes

2
Natural state or process

includes aging, menopause, and the menstrual cycle

Truthful and Not Misleading

Requirement for substantiation of claims

Related CFR Sections (2)

Related Warning Letters (10)

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    2025-09-30
  • CGMP/Dietary Supplement/Adulterated/Misbranded

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  • CGMP/Dietary Supplement/Adulterated/Misbranded

    Vidaslim Co.

    2025-09-30
  • CGMP/Food/Prepared, Packed or Held Under Insanitary Conditions/Adulterated

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    2025-09-30
  • Unapproved New Drugs/Misbranded

    Mericon Industries, Inc.

    2025-09-16
  • CGMP/Dietary Supplement/Adulterated/Misbranded

    M.O.M. Enterprises, LLC

    2025-06-24
  • Food Labeling/Misbranded

    Revolution Foods, PBC

    2025-06-24
  • Unapproved New Drugs/Misbranded

    Mother Earth Minerals, Inc.

    2025-06-03
  • CGMP/Hazard Analysis/Risk-Based Preventive Controls for Food/Adulterated

    One Roof LLC

    2025-06-03
  • CGMP/Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements/Adulterated

    Anti L’Age

    2025-06-03

See Also (8)