Gyan Rai, PhD 06/04/2015

Similar documents
The Path to U.S. Market for Functional Food Ingredients

Getting Your Ingredient to Market: Understanding Your Regulatory Options Venable LLP

2014 FDA/JIFSAN Food & Nutrition Webinar

FDA Regulation of Claims on Dietary Supplement and Food Products

II. History and importance of defining Healthy : Government/regulatory science perspective

Determining Whether A Dietary Supplement Study Requires an Investigational New Drug (IND)

October 31, Draft Guidance for Industry, Frequently Asked Questions About Medical Foods; Second Edition

Taylor C. Wallace, PhD, CFS, FACN, March 22, 2018

Session 2: Direct-to-Consumer Neurotechnology: Dietary Supplements Dietary Ingredients

Silliker Nutrient and Health Claims U.S. and Canadian Regulatory Guide

FDA s Food Additives Program

TOBACCO PRODUCT OR MEDICAL PRODUCT?

Safety Evaluation for Substances Directly Added to Food

They. amounts. 1 Harvard School of. Every Day, Medical Foods: Pharmaceuticals.

Dietary Supplement Health and Education Act of 1994 Public Law rd Congress

Nutritional Criteria for Labeling Claims

U.S. FDA Perspective on Food Supplements/TM

Translating the science into efficacy claims on probiotic or prebiotic products in the US market

memorandum Venable s FDA Practice Group FDA Publishes Draft Guidance on New Dietary Ingredients ( NDIs )

L A W O F F I C E S HYMAN, PHELPS & MCNAMARA, P.C T H I R T E E N T H S T R E E T, N. W. S U I T E

Client Alert. FDA Draft Guidance Broadens New Dietary Ingredient Definition and Extends Notification Requirements 1

Crossing the Line. When does innovative therapy become research?

Food Additives Program

Food Irradiation: FDA s Perspective Teresa Croce, Ph.D.

NDI: LOOKING BACK & AHEAD

FDLI ANNUAL CONFERENCE May 4, 2018

The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016

Understanding Today s Probiotics Regulations in South East Asia. Wai Mun Poon Regulatory Affairs Consultant

Original Effective Date: 9/10/09

The opinions expressed are the speaker s and not his company s.

Food. [[Page 999]] Part IV. Department of Health and Human Services. Food and Drug Administration. 21 CFR Part 101

Food & Supplement Labels


The Shifting Federal Regulation of Cannabis Products

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Decoding the Confusing Language of Vitamins. Yuliya Klopouh, M.H., Pharm.D

Public Hearing Before U.S. Food and Drug Administration

The Marketing of a Food Ingredient Understanding a System that has Worked for 105 Years

IRB review of device studies

GUIDELINES FOR MAKING PRODUCT CLAIMS

GUIDELINES FOR USE OF NUTRITION AND HEALTH CLAIMS

One generally, applicable definition is "the use of living organisrns to make new products."

The United Natural Products Alliance (UNPA) submits these comments in. response to the Food and Drug Administration s Draft Guidance on New Dietary

Re: National Bioengineered Food Disclosure Standard; Proposed Rule; Request for Comments, 83 Fed. Reg (May 4, 2018), Docket No.

Policy Statement Food for Special Medical Purposes Policy Statement

Ornsurang Teerawat

FDA REGULATION OF DIETARY SUPPLEMENTS AND FOODS

Revised Version Text of final Codex Vitamin and Mineral Guideline. Marked for Amendment. Deletions struck through; additions underlined.

Feed Ingredient Utility. Mika Alewynse Division of Animal Feeds Center for Veterinary Medicine FDA

Chemical food safety in the U.S. analysis of FDA s scientific basis for assessing chemical risk. Tom Neltner October 9, 2014

GSCI 2202 FOOD FOR HEALTH. Eat to compete: Dietary Supplements

TSDR Pharmacy Inc. dba brandmd Skin Care 11/9/17

Paul M. Coates, Ph.D.

General Wellness: Policy for Low Risk Devices Guidance for Industry and Food and Drug Administration Staff

SUMMARY INTRODUCTION. The Food, Drug, and established provided that duce cancer when ingested

New England Compounding Center 04-Dec-06

SAFETY ASSESSMENT OF FOOD ADDITIVES

Module 34: Legal aspects, ADI and GRAS status of food additives

The father of Western medicine, Hippocrates (460 BC BC) is known to have used many plants and herbs for medicinal purposes. Hippocrates' use of

Food Labeling: Revision of the Nutrition and Supplement Facts Labels and Serving Sizes of

UNICEF Nutrition Supplier Meeting

The first women s whole food multivitamin with targeted stress support

Guidance Document The Use of Probiotic Microorganisms in Food

April 30, By Electronic Mail

Overview of Regulatory Science of Food Contact Substances

Personal Importation Policy (PIP)

Consistent with Labeling Final Guidance: Implications for Devices

FDA Oversight of Nanotechnology Applications in Foods, Food Packaging, and Nutrient Delivery

Final Report. NIH Grant Number: 5R01HG November 15, 2012 (rev d September 2013, rev d January 2016) Submitted by:

Health Claims and FTC Advertising Law

WHITE PAPER ACCESS TO GOOD QUALITY DIETARY SUPPLEMENTS

Update FDA/Center for Food Safety and Applied Nutrition

هيئة التقييس لدول مجلس التعاون لدول الخليج العربية

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOOD AND DRUG ADMINISTRATION

Which was the greatest problem with patent medicines in early America that lead to drug legislation?

The Tobacco Control Act s Premarket Review Authorities: Reports on Substantial Equivalence and Exemption Requests (905(j))

Medical Weight loss - Chiropractic Articles - The Village Chiropractic Center of Florida

RE: Permits under the Arizona Pharmacy Act should not be required for dietary supplements

Health Canada s Safety Assessment Process for Sugar Substitutes

Agency Information Collection Activities; Submission for Office of Management and Budget

Re: Bayer s false and deceptive marketing for its Men s Multis for prevention of cancer

E-Siong Tee, PhD Scientific Director, ILSI SEA Region

STANDARDIZATION ORGANIZATION FOR G.C.C (GSO)

Using new scientific knowledge to update regulations in the U.S.

The Tool-Kit includes six core vitamin D intake variables and five ancillary vitamin D intake variables:

May 7, Dear Mr. Landa:

Panel on Defining Healthy and Natural

Give Me a Break, Is That Really a Disease Claim?

OFF All Dr. Clark Cleanses

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, DC 20554

The Basics of the U.S. FDA s Regulation of Materials Used in Food Packaging Applications

Nestle Infant Nutrition 10/31/14

Raritan Pharmaceuticals, Inc. 6/20/17

The Safety and Effectiveness of Dietary Supplements

First Amendment Issues in Advertising and Product Packaging

4 SACCHARIN BENEFITS

WHY NEO LIFE FOR MY LIFE

Codex Alimentarius and the US Dietary Supplement Industry. Mark A. Le Doux, Chairman and CEO Natural Alternatives International, Inc.

Distillers Grains Opportunities and Challenges

Nutrition Labeling Laws for Food and Supplements Timeline

Transcription:

* Gyan Rai, PhD 06/04/2015

Objectives: 2 1. Current Definition of Probiotics 2. Regulatory Categorization & Intended Uses 3. Probiotics & Medical Foods- How to Fit? 4. Regulatory Implications & Considerations

What are Probiotics? 3 Live microorganisms, which, when administered in adequate amounts, confers a health benefit on the host United Nations FAO/WHO Working Group Report; 2002 Report did not consider the following in the scope: Biotherapeutic agents Beneficial microorganisms not used in food GMOs

Only Drugs can make Disease Claims : 4 Diagnosis, Cure, Mitigation, Treatment, or Prevention of disease Claims suggesting the product has an effect on a specific disease or class of disease Protective against XXX Protects the development of XXX Reduces the pain and stiffness associated with diarrhea / arthritis Decreases the effects of XXX Alleviates constipation / diarrhea Signs and symptoms of the disease: Improves memory (Alzeimers ) Improves urine flow in men (prostate) Lowers cholesterol (hypercholesterolemia) Reduces joint pain (arthritis) Relieves headaches (migraine)

Probiotics as a Dietary Supplement? 5 Unlike Drugs or Biologics: Do not require pre-market FDA approval Safety, purity, potency, and efficacy need not be established Burden is generally on FDA to prove supplement is unsafe Can make structure/function claims if: Truthful & not misleading Handout articles without referencing product Must be submitted to FDA within 30 days of marketing Must carry FDA disclaimer Containing one or more dietary ingredient : Vitamin Mineral Herb/botanical Amino acid Dietary substance to supplement the diet by increasing total dietary intake Concentrate, metabolite, etc. of any of the above Intended for ingestion; and Not represented as a conventional food or as a sole item of meal/diet (i.e. intended to supplement the diet) (21 U.S.C. 321(ff))

What is Medical Food? 6 Food which is formulated to be consumed or administered enterally (through GI tract, whether orally or by tube) under a physician s supervision and which is intended for specific dietary management of a disease or condition for which distinctive nutritional requirements (based on recognized scientific principles) are established by medical evaluation (21 U.S.C. 360ee(b)(3))

Types of Medical Food Claims: 7 Examples: Nutrient deficiency: Provides vitamin C and to prevent scurvy (allowed if relevant to the United States population) Nutritionally complete formula to support malnutrition in GI compromised patients A phenylalanine-free food for the nutritional management of hyperphenylalaninemia A nutritionally complete formula providing concentrated source of calories for patients with restricted fluid intake or increased metabolic needs such as oncology patients, hypermetabolic conditions, trauma, sepsis, and post surgery

Claim Substantiation of Medical Foods: 8 No specific medical food regulations for clinical substantiation of claims The need for a strong standard of scientific evidence for the composition and effectiveness of medical foods The scientific standard contained in the statutory medical food definition may require some of the same types of data for medical foods as are needed to support drug claims (e.g., data from clinical investigations) FDA proposed to evaluate its medical foods oversight Safety information about the ingredient/product should be widely available (61 Fed. Reg. 60661 (November 29, 1996))

Criteria for Medical Foods: 9 Specially formulated and processed for partial or exclusive feeding of patient orally or by enteral tube; and Intended for use only under medical supervision; and Intended only for patient receiving active/ongoing medical treatment; and Intended for dietary management of a patient which cannot be achieved by the modification of the normal diet (e.g., chronic medical needs; limited/impaired capacity to ingest, digest, etc.; other special medically-determined nutrient needs); and Provides nutritional support to manage the distinct nutritional requirements resulting from a specific disease/condition (21 C.F.R. 101.9(j)(8)

10 The Year 2013:

The IRB Guidance: Why is it Important? 11 According to the FDA, Food use is primarily for its taste, aroma, or nutritive value Biological Endpoints require IND: Sections VI.C. & VI.D. extend the existing IND requirements to any clinical research measuring drug/biologic (disease) endpoints that involves any articles of food, dietary supplement, and cosmetics Forces IRB to opt for an IND Essentially bans responsible clinical research in the absence of an IND for articles that are not drugs or new drugs

12 Biological end point of a drug v/s food : why claims matter? FDA strictly interprets: intent to study element of clinical study is synonymous to the intended use element of product An Unapproved Drug: A product marketed or promoted as a treatment, prevention or cure for a disease or condition without an approved indication for such, is considered an unapproved and therefore, an illegal drug Biological end points: Blood Pressure Pulse wave velocity Hyperimic blood flow Perfusion RBC deformability HbA1c levels Serum albumin Blood cholesterol Blood lipid

IND Guidance: Legal & Regulatory Framework 13 Sec. 312.20 Requirement for an IND: (a) A sponsor shall submit an IND to FDA if the sponsor intends to conduct a clinical investigation with an investigational new drug that is subject to 312.2(a) (b) A sponsor shall not begin a clinical investigation subject to 312.2(a) until the investigation is subject to an IND which is in effect in accordance with 312.40.

OK- I will file an IND.but wait 14 Prohibits the interstate shipment of certain foods to which: An approved drug or a licensed biological product, has been added A drug or a biological product that has been the subject of substantial clinical investigations, the existence of which has been made public, has been added Sec. 301(II) of FDCA

FSDU & Medical Foods 15 FSDU is a Conventional Food ; BUT Intended to meet special nutritional needs associated with age, physiological conditions, or disease. Useful in supplying special dietary needs for patient prevented from eating normally, BUT medical supervision not required NOT specifically tailored for distinct nutritional requirements of the patient s disease/condition/treatment

Strict FDA Interpretations: 16 FDA interprets the Medical Foods definition more narrowly: To limit foods that make unapproved disease claims Apply to those that appear to provide proven, essential therapies FDA has attempted to further narrow medical food category: Advance Notice of Proposed Rulemaking-1996 (withdrawn 2003) Medical Food FAQs; Draft Guidance- 2013 IND guidance document- 2013

Let s try to Apply the MF criteria to Probiotics: 17 Specially formulated and processed for partial or exclusive feeding of patient orally or by enteral tube; and Intended for use only under medical supervision; and Intended only for patient receiving active/ongoing medical treatment; and Intended for dietary management of a patient which cannot be achieved by modification of the normal diet (e.g., chronic medical needs; limited/impaired capacity to ingest, digest, etc.; other special medicallydetermined nutrient needs); and Provides nutritional support to manage the unique nutrient needs resulting from a specific disease/condition (per medical evaluation)

Evidence Requirements Specific to Probiotics: 18 Safety of the ingredient- Reasonable certainty of no harm: GRAS or Food Additive Notification Usage & Claim: Probiotics as an ingredient/component of a Food, FSDU, or a MF Probiotics as MF- Generate Scientific Knowledge: Demonstrate unique nutrient requirements How is it unique to the product? Can it be achieved by modification of the diet? For the (nutritional) management of a disease/condition? Work with the agency and develop an understanding about: The quality of evidence and the relationship with the nutritional management of the disease/condition Understand the current framework and the existing criteria for MF

Probiotics & the Distinct Nutritional Requirement: 19 Specially formulated and processed for partial or exclusive feeding of patient orally or by enteral tube; and Intended for use only under medical supervision; and Intended only for patient receiving active/ongoing medical supervision; and Intended for dietary management of a patient which cannot be achieved by the modification of the normal diet alone (e.g., chronic medical needs; limited/impaired capacity to ingest, digest, etc.; other special medically-determined nutrient needs); and Provides nutritional support to manage the distinct nutritional requirements resulting from a specific disease/condition (21 C.F.R. 101.9(j)(8)

What else can we do? 20 Dialog with the agency for the role of nutrition in health and disease Relying on data to overcome barriers to narrow interpretations of health claims for all food categories, including MFs Encourage & work with the FDA in the development of evidence standard for disease claims for foods and not drugs Encourage & work with the FDA to incorporate & evaluate the developing science Influence product categorization to match the level of evidence for nutrition