law 4
what does DSHEA stand for
dietary supplement health and education act
FDA requires that all non-prescription otc drug labels to have detailed usage and warning info in _____section so that consumers can properly chose and use otc rugs
drug facts
pursuant to its application and interpretation of the law, the fda issued a final regulation in 2004 banning all ____
ephedrine alkaloid dietary supplement (eds) products
regulation of advertising and labeling of cosmetics basically falls under the jurisdiction of the ___
federal trade commision (ftc)
DSHEA places dietary supplements in a special category under the general umbrella of _______and requires that every supplement be labeled ____
foods; a dietary supplement
medical foods include foods ___
formulated for oral/enteral use under the supervision of a physician are are intended for the specific dietary management of a disease or condition
all nonprescription otc medicine labels must have the following detailed usage and warning info:
1. active ingredient 2. uses 3. warnings 4. inactive ingredients 5. purpose 6. directions 7. other info eg. storing
the label will also identify:
1. expiration date 2. lot or batch code 3. name and address of manufacturer, packer or distributor 4. net quantity of contents 5. what to do if an overdose occurs
DSHEA allows manufacturers to make 3 types of claims for their dietary supplement products:
1. health claims 2. structure/function claims 3. nutrient content claims
critics have 3 major concerns about DSHEA:
1. prevents the FDA from acting aggressively enough to protect the public 2. a lack of consumer info about the dangers of taking many dietary supplements with certain OTC and prescription medications 3. lack quality standards for strength and purity because manufacturers are not require to register themselves of their products with the FDA prior to marketing them and no manufactring standards exist for dietary supplements
DSHEA allows dietary supplement suppliers to make 4 types of nutritional support statements:
1. product will benefit a classical nutrient deficiency disease 2. role in affecting the structure or function of the body (xyz may reduce risk of abc) 3. product may maintain structure or function 4. general well-being from consumption of product (energize, relaxant)
OTC status is granted to drugs that have been shown to be :
1. safe for use without a physician's supervision 2. conditions suitable for self-diagnosis 3. must have "adequate directions for use" on their label
under DSHEA, a dietary supplement is defined as ____
a product (other than tobacco) that is intended for ingestion, is intended to supplement the diet and contains on or more of the following: a vitamin, mineral, herb or other botanical, an amino acid
dietary supplements containing contaminants or lacking the ingredient they represent would be ____
adulterated or misbranded
in response to concerns over quality standards, the FDA issued a final rule in june 2007 requirng that dietary supplement manufacturers ...
comply with current good manufacturing practices (cgmp) in such a manner that the products will not be adulterated or misbranded
the overriding factor in determining a product's status might not be its _____, but rather the _____
ingredients; manufacturer's claims
are there provisions in the law for FDA to approve dietary supplements for safety or effectiveness before they reach the consumer
no
can the FDA require premarket approval of dietary supplements?
no
do cosmetics have to be tested for safety like drugs do?
no
do cosmetic manufacturers have to meet FDA good manufacturing practices ?
no. ( but they still must be manufactured under sanitary conditions
do cosmetics require premarketing approval from the FDA?
no. do not require (exception of color additives)
DSHEA thus exempts dietary supplements from part C of the FDCA drug definition by ___
permitting structure/function claims
because dietary supplements are regulated much as foods rather than drugs, the FDA can only remove a dietary supplement from the market on the basis of ____
public safety if the agency can prove the product is adulterated
DSHEA provides that a dietary supplement is adulterated if it presents a
significant or unreasonable risk of illness or injury under the conditions of use recommended or suggested in the labeling
the FDCA has created at least 2 special categories of foods including
special dietary foods and medical foods
essentially, DSHEA mandates that the FDA regulate dietary supplements more as a ______
special type of food than as drugs
special dietary foods under the FDCA include those ___
supplying a special dietary need that exists because of a physical, physiological, pathological or other condition
congress passed DSHEA in 1994, further ammended the FDCA by legally creating ____
the category of dietary supplements and significantly altering the FDA's authority to regulate the safety and labeling of dietary supplements
what act amended the FDCA and required the manufacturer, packer or distributor whose name appears on the label of a dietary supplement marketed in the US to submit to FDA all serious adverse event reports associated with use of the dietary supplement in the US within 15 days via the medwatch program?
the dietary supplement and nonprescription drug consumer protection act
under DSHEA, who is responsible for determining that the dietary supplements it manufacturers or distributes are safe and that any representations or claims made about them are substantiated by adequate evidence to show that they are not false or misleading?
the manufacturer (and not the FDA)
to make any of the 4 nutritional support statements, the manufacturer must have substantiation that they are truthful and not misleading and the label must contain the disclaim: "..."
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
true or false DSHEA has proven thus far to be an extremely controversial law
true
DSHEA stripped the FDA of premarket approval authority. under DSHEA, the FDA must prove that a dietary supplement is ______before it can restrict or remove the product from the market
unsafe (FTC, not FDA, regulates advertising and therefore monitors for misleading claims)
what is the crucial distinction of whether a product is a drug?
whether the supplier made a therapeutic or claim or a structure/function claim
is the manufacturer and distributor require to submit to FDA all serious adverse event reported associated with use of the dietary supplement in the US ?
yes (as of 2007); require to report within 15 days via the medwatch program