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LEGAL ALERT

EDITOR'S NOTE


The U.S. Food & Drug Administration has released draft guidance on procedures and filings regarding the use of Master Files for new dietary ingredient notifications (NDINs). NDIN Master Files create a repository of information relating to a new dietary ingredient which may serve as a resource in NDIN filing by either the owner of the file, or another authorized party. In the guidance, the agency provides recommended actions that parties should take when establishing an NDIN Master File or when using a preexisting Master File. The guidance also discusses the agency’s intended approach to questions regarding the presence of trade secret or confidential commercial information in the file, and emphasizes the need for submitting parties to clearly identify all information that they believe should be exempt from public disclosure.


The issuance of this draft guidance shortly follows the March publication of a final guidance on NDIN procedures and timelines. Both publications reflect an FDA piece-by-piece approach to the development and release of NDIN guidance material; this approach mirrors a recommendation on expediting agency guidance development that AHPA made at an in-person meeting with FDA in 2012. Comments on the draft guidance should be submitted by June 3, 2024 to ensure they are considered.

FDA Issues Draft Guidance on New Dietary Ingredient Notification Master Files for Dietary Supplements

Constituent Update


April 3, 2024


Today, the U.S. Food and Drug Administration (FDA) is announcing the availability of a draft guidance for industry titledNew Dietary Ingredient Notification Master Files for Dietary Supplements.” This draft guidance responds to the dietary supplement industry’s requests for specific guidance on recommendations about Master Files for new dietary ingredient notifications (NDINs).


NDIN Master Files are not required by statute or regulation, but, as explained in today’s draft guidance, can be used to facilitate the submission of NDI-related identity, manufacturing, and/or safety information to the FDA for use in evaluating a potential future NDIN. The intent of the guidance, once finalized, will be to help industry comply more easily with the NDIN requirement by providing recommendations on the content, submission, and use of Master Files.


The recommendations in this draft guidance expand upon and replace the recommendations related to Master Files in the FDA’s revised draft guidance, “Dietary Supplements: New Dietary Ingredient Notifications and Related Issues."


To Submit Comments

Comments on the draft guidance should be submitted within 60 days after publication in the Federal Register to ensure that we consider your comment on the draft guidance before we begin work on the final version of the guidance. Submit electronic comments to www.regulations.gov to docket number FDA-2024-D-0706. Written comments should be submitted to the Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Room 1061, Rockville, MD 20852. All written comments should identify the docket number FDA-2024-D-0706.


Additional Information:

The American Herbal Products Association (AHPA) distributes dietary supplement regulation and enforcement news as Legal Alerts. The information presented in Legal Alerts represents the views and opinions of the original authors of the content and does not necessarily represent the views or opinions of AHPA. Distribution of dietary supplement regulation and enforcement news as a Legal Alert does not constitute AHPA endorsement of the content or legal advice. Please direct any questions about Legal Alerts to communications@ahpa.org.

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