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USA Regulatory Affairs

FDA and DSHEA compliance for dietary supplements.

We are a dietary supplement regulatory consultant for brands entering or growing in the US. We check every ingredient against DSHEA, build the Supplement Facts label, write structure-function claims your evidence supports and, where an ingredient is new, prepare the NDI notification.

Markets

US

Timeline

From 8 weeks

You receive

A DSHEA-ready label and claims file

US

Map your US pathway.

Three questions. We show the services your product needs before it can be sold in the United States.

Starting from this service

Your pathway

Your pathway

  • Recommended services appear hereWritten output

Question 1 of 3

What this covers

What US supplement compliance covers

In the United States, dietary supplements are regulated by the FDA under the Dietary Supplement Health and Education Act of 1994 (DSHEA). The FDA does not approve supplements before they are sold. The brand is responsible for making sure every ingredient is lawful, every claim is truthful and substantiated, and the product is made under current good manufacturing practice.

That responsibility shows up in four places. The label must follow the Supplement Facts rules in 21 CFR 101. Structure-function claims must stop short of treating or preventing disease, carry the required disclaimer and be notified to the FDA within 30 days of first marketing. Manufacturing must meet 21 CFR 111. Advertising is also policed by the FTC, which expects competent and reliable scientific evidence for health claims.

Ingredients not marketed in the US before 15 October 1994 may need a new dietary ingredient notification before launch; we handle that as its own service. We also review Amazon listings and retailer requirements, because platform rules are often stricter than the FDA and are where many launches stall.

If an ingredient in your formula is new to the US market, see new dietary ingredient notification.

US

WRITTEN OUTPUTS

INGREDIENT STATUS REVIEW

US-01

DSHEA status for every ingredient, with NDI questions flagged.

SUPPLEMENT FACTS LABEL

US-02

Panel, statement of identity and required label copy, laid out for your designer.

STRUCTURE-FUNCTION CLAIMS FILE

US-03

Claims, substantiation and the 30-day FDA notification.

MARKETING AND AMAZON REVIEW

US-04

Website, ads and marketplace listings checked against FDA and FTC rules.

CGMP DOCUMENTATION CHECK

US-05

Supplier and manufacturer paperwork reviewed against 21 CFR 111.

INSPECTION READINESS NOTES

US-06

What an FDA inspector would ask for, and where it lives.

What we cover

Supplements, cosmetics and medical devices.

Regulatory affairs for all three product categories, in Australia, the United States and the UAE. One team, one point of contact, whichever market you start in.

01

US

Supplements

Vitamins, nutraceuticals, listed medicines and functional foods.

02

US

Cosmetics

Skincare, personal care and the borderline products in between.

03

US

Medical devices

Devices, accessories and software that make medical claims.

Not sure which category your product falls into? That is the first thing we work out.

How it works

Four stages, each one in writing.

Every USA Regulatory Affairs scope follows the same four stages. You receive a written output at the end of each, so nothing depends on memory or a phone call.

01

Discovery

We learn the product, where it is sold today and how you plan to sell it in the US.

Written output: Discovery notes

02

Validation

Each ingredient, dose and claim is checked against DSHEA, FDA labelling rules and FTC guidance.

Written output: Validation report

03

Scope

We set out exactly what will be prepared, by whom, and when you will have it.

Written output: Signed scope

04

Build

Label, claims file, notifications and marketing review, delivered to the scope.

Written output: Final compliance file

Who this is for

US pathways by category

Vitamins & Minerals

Listed medicines, from single actives to complex multis.

Probiotics

Strain selection, stability and claim wording..

Sports Nutrition

Protein, pre-workout and recovery, food or medicine.

Nootropics

Cognitive claims handled with care.

Functional Foods

FSANZ standards for foods that do more.

Beauty Supplements

Collagen, skin and hair from the inside.

A note from Amelia

“The FDA doesn’t approve your supplement. That makes your paperwork the only thing standing between you and a warning letter.”

Often scoped together

Related services

AU

AUS Regulatory Affairs

TGA and FSANZ pathways for supplements, nutraceuticals, cosmetics and medical devices.

From 6 weeks

AU · US · UAE

CONTACT MANUFACTURING

Which markets your formula can enter, and in what order.

From 2 weeks

AU · US

Clinical Strategy

Study design that supports the claims you want to make.

From 4 weeks

Questions

What founders ask about USA Regulatory Affairs.

If your question isn’t here, send it with your enquiry. We reply within two business days.

Does the FDA approve dietary supplements?

No. Under DSHEA the FDA does not approve dietary supplements or their labels before they are sold. The brand is responsible for making sure the product is safe, the ingredients are lawful and the claims are truthful and substantiated. The FDA acts after the product is on the market, through inspections, warning letters and, in serious cases, removal from sale.

DSHEA compliance means your product meets the Dietary Supplement Health and Education Act and the FDA rules built on it. In practice: every ingredient is a lawful dietary ingredient, new ingredients have been notified where required, the label follows Supplement Facts rules, claims stay within structure-function limits and the product is made under cGMP.

A US supplement label needs a statement of identity, net quantity, a Supplement Facts panel, a full ingredient list, the name and place of business of the manufacturer, packer or distributor, and allergen information. Any structure-function claim must carry the FDA disclaimer. Layout, type size and order are all regulated, so we deliver the label as a finished specification for your designer.

A structure-function claim describes how an ingredient affects the normal structure or function of the body, such as “supports restful sleep”. It cannot claim to diagnose, treat, cure or prevent a disease. It must be substantiated, carry the FDA disclaimer and be notified to the FDA within 30 days of first marketing.

You may, if your product contains an ingredient that was not marketed as a dietary supplement in the US before 15 October 1994 and has not been present in the food supply in an unaltered form. The notification is filed with the FDA at least 75 days before launch. We confirm whether you need one as part of the ingredient review.

Yes. We review your specifications, supplier qualifications, batch records and complaint handling against 21 CFR 111, and set out what an inspector would ask to see and where it is kept. If you have received a warning letter or inspection observations, we help you prepare the written response.

Further reading

Reformulating a supplement for different populations and markets

A formula that suits young adults in Sydney may not suit older adults in Los Angeles or families in Dubai. Nutrient needs, diets, cultural requirements, climate and local rules all shift from one population to the next. Here is how we approach reformulating a supplement so it fits the people who will take it.

Read More »

Launching and scaling a supplement brand across markets

Expanding a supplement brand into a second or third country is rarely a copy and paste job. Each market brings its own rules for ingredients, claims, labels and post-market duties. Here is how we help brands sequence their markets, build once and scale without losing control of compliance.

Read More »

Amazon and Shopify listings need the same review as your label

A compliant label does not make a compliant listing. Product pages on Amazon and Shopify carry claims, images and keywords that regulators and marketplaces treat just as seriously as your pack. Here is why your listings deserve the same review as your label, and what to check before you hit publish.

Read More »

Collagen coffee: when your supplement is legally a food

Add collagen to coffee and you might think you have made a supplement. In most cases, regulators see a food. That changes the label, the ingredients you can use and the claims you can make. Here is how classification works for functional foods in Australia and the US, and why it matters early.

Read More »

Your scope

Send us your scope.

Services you add appear here and are sent with your enquiry. We reply within two business days with fixed fees.

Tell us about your beauty supplements product and add the services you need. We reply within two business days with fixed fees.

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