Focus on FDA
NAC Case Study: How to Prevent Your Supplement from Becoming the Next Target of Drug Preclusion

Andrew Shao, Ph.D.
Senior Vice President, Global Scientific & Regulatory Affairs
Chromadex

Xin Tao
Counsel
Hogan Lovells LLP (Washington, DC)
- Examining FDA’s most recent interpretations of the scope of the 21 U.S.C. § 321(ff)(3)(B) “drug preclusion” provision
- Findings, status, and consequences of FDA’s July 2020 warning letters and subsequent actions
- Establishing the true intent of the of § 321” drug preclusion” clause and educating regulators as well as the industry on its meaning
- Developing strategies to avoid drug preclusion when developing and introducing new ingredients
- Finding ways to engage with FDA on current determinations and future ingredients of concern
- Getting support from the scientific community for classifying your product as an old “grandfathered” ingredient versus a new dietary ingredient
- If a new dietary ingredient, understanding the benefits of establishing stringent research and due diligence protocols for new dietary ingredient notifications that may help negate preclusion findings